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Full text of "Pleadings in the Mayor's Court ... [serial]"

DUKE 
UNIVERSITY 




LIBRARY 



a&ecotrttf of ifort f»t ©reorge 



PLEADINGS 



'/ 



IN THE MAYOR'S COURT, 1745 



(Volume V) 



/Madras. /Yla^cr's daurj. 




MADRAS 
PRINTED BY THE SUPERINTENDENT, GOVERNMENT PRESS 

1939 



Digitized by the Internet Archive 
in 2012 with funding from 
Duke University Libraries 



http://archive.org/details/pleadingsinmayor45madr 



3¥C . r 

I/, 



PBEEATOEY NOTE 



CoJ» S o7^ iS ^ e n iftJl ? theSerieSkn0WnaS " Peelings in the Mayor's 
M>urt of the Mayors Court Records and relates to the year 1745. 

mttl forlwtr 0W , iS ^^ ^ 1S in a f air State of Preservation. The 
matter for the earlier portions missing in the original volume has been suoolied 
by the courtesy of the India Office and printed as Addend™ to the VoW 

Egmore, -d q -D ATTn 

10th December 1938. r€imnt J*',, „ ' 

Curator, Madras Record Office. 



EECOEDS OF FOET ST. GEOEGE 



PLEADINGS IN THE MAYOR'S COURT 

1745 

(VOLUME V.) 



For earlier portions, see the addendum. 



Plaintiffs Servant Muggana, and indeed whether it be probable the pi*, did disburse 
that sum at all after what had passed between him and the said Governour in relation 

to the Pits several offers which it must be supposed was previous to the 2 d . March 
1737/8 the day the plaintiff pretends he sent the money by his servant Muggana, 
and as to the Consideration for which he pretended to have sent it namely the Liberty 
of gojng down to Vizagapatam and to take in his turned out Cloth, this Defendant 
saith that before that time namely the 2 d . day of March 1737/8 the Plaintiff had 
no reason to believe the Governour would be averse or oppose his going down to 
Vizagapatam which the PI*, on the 13 th . day of Nov 1 ', last owned was of that Con- 
sequence to him, that if he could not have gone down again as Chief he Intended to 
return thither in a private station For this Defendant set forth that the Sea horse 
sailed for Vizagapatam the 27 th . February 1737/8 which Ship had been bought 
some days before in partnership Between the plaintiff and the said Governour and 
designed to be Continued in the Trade between Vizagapatam and this place and this 
Defendant does further sets forth that the same 27 February 1737/8 a Letter to the 
Board signed by the said Plaintiff and dated the day before was read in Council 
wherein the said Plaintiff did return thanks for their Indulgence in giving him a 
Hearing before they proceeded to pass any Censure upon his Conduct and that he 
did not doubt he should convince them that it was not possible the last year (mean- 
ing the year 1737) to do more or better than he Did, and that no body under the 
like circumstances could have done otherwise which this Defendant concludes was 
a preparative to his going down again and from which this Defendant inferrs the 
Plaintiff could have no occasion to make so Considerable a Present the 2 d . March 
1737/8 to obtain that which he had before little reason to doubt of, but whether it 
was worth the Plaintiffs while to make a present so considerable meerly to take in 
his Turned out Cloth this Defendant will not pretend to say but since* his Turned 
out Cloth was not taken in, and the Plaintiff only permitted to return again and 
that as this Defendant is Informed was Consented to in Consideration of his family 
and Effects remaining there, and on the most Solemn assurances on the plaintiffs 
part that he would do his utmost to make a good Investment and if he could not 



Records of Fort St. George 



serve the Company there, he would himself desire to come up the next season. 
This Defend*, referrs it to the Consideration of this Honourable Court whether it 
is Consistent with reason or probability the plaintiff should make so considerable a 
present and to convey it in the manner he pretends though Cautioned against it and 
not only so but Tho the plaintiff staid in the place till the 1 st . of April 1738 and was 
frequently with the Governour between that day and the 2 d . March 1737/8 yet in 
all that Time he never once gave him the least Hint or intimation that he had sent 
the sum of 2000 Pagodas or any other sum which the Plaintiff Confessed the 13 
Nov 1 ', last he did not. 

AH which matters and things this Defendant is ready to averr and maintain and 
prove as this Honourable Court shall award and humbly prays to be hence dismissed 
with his reasonable Costs in this behalf most wrongfully sustained. 

Henry Deveil 
Attorney jor the Defend*. 

The Eeplycation of John Sanderson Merch*. of 
January the 8 th . 1739/40. Madras Complainant to the answer of Cashiah 

Chitty Audeapah of the same place Defendant. 

The said Eeplyant saving and reserving to himself all and all manner of Benefit 
and advantage of Exception to the said answer for Eeplyca thereto saith his Bill of 
Complaint Exhibited in this Honourable Court ag*. the Defendant and all and every 
the matters and things therein contained are true and sufficient in the Law to be 
answered unto For this Eeplyant says that he will prove by his Books which will 
appear regularly kept that the said 2000 Pagodas were paid to Cashia Chitty Aude- 
apah this Eeplyant will also prove by his servant Mugganah that the said 2000 Pago- 
das were paid into the hands of the Defendant Cashia Chitty Audeapah, which said 
Mugganah is now come from a place a great distance off as far as from Metc[h]le- 
patam lame and Infirm on purpose to testify the Truth that is to say the delivery of 
the said 2000 P s . on Notice given him by this Eeplyant that the Defendant dared to 
deny the receipt of the same and this Eepliant must observe that the situation of 
Metchlepatam is well known to this Honourable Court and this Eeplyant humbly 
conceives this Honourable Court will be induced to believe the said Mugganah's 
Intentions honest and sincere that has come thus far on the purposes aforesaid when 
it was an easy matter for him the said Mugganah to have evaded coining by being 
Lame and Infirm as he really is or by pretending sickness, or by absolutely refusing 
to come, it being intirely out of this repliants power to have obliged him so to do 
and this Eeplyant will by his this Eeplyants Oath prove that Cashiah Chitty Aude- 
apah did acknowledge the Eeceipt of the said Money to this Eepliant in the follow- 
ing manner Viz*. Some time after this Eepliant was come up from Vizagapatam 
this Eepliant having been with the Governour when coming down stairs he this 
Eeplyant meet Cashia Chitty Audeapah the Defendant and took him the Defendant 
into the General Hall Table to the North East Window and there talked with him 
about the hardships he this Eepliant conceived he had sustained and told him that 
he must have the 2000 Pagodas returned that it was too much to loose with other 
words to the same Effect, the Defendant did then declare or say that he would see 
and speak the second time this Eepliant saith to the Defendant about it he then 
answered he had not yet spoke, but that he would see and get it, and at the same 
time desired this Eepliant to be Secret the third time this Eepliant spoke to the 
Defendant about the said 2000 pagodas, he the Defendant answered it was a present 
and that he this Eepliant must never Expect to see any thing of it, but this Eepliant 
declares and will do so on oath that the Defendant never once denied the receipt of 
the said 2000 Pagodas till he the Defendant was Confronted before the Governour 
by this Eepliant when he then did deny the receipt of the same money, and when he 
was told that he acknowledged the receipt to this Eepliant and had said that he would 
see and get it, he the said Defendant had then recourse to that strange fetch set 
forth in this Eepliants Bill, That his talk with "this Eepliant was about two thousand 
Pagodas the Eepliant should say he had lent his the Defendants GoeMaster to the 
Northward, but about no other two thousand Pagodas) now how this Eepliant could 



Pleadings in the Mayor's Court, 1745 



talk about 2000 Pagodas lent to the Go-Master no such sum having been lent this 
Replyant must leave with this Honourable Court who are not Tied & monacled by 
the Shackles of the Law but will Judge according to Equity and good Conscience. 

All which matters and things this Repliant is ready to averr maintain and prove 
and humbly prays as in and by his said Bill he hath already prayed. 

John Russell 
Attorney for the Complainant. 

January 29 th . 1739/40. The Rejoinder of Cashia Chitty Adeapah 

Merchant of Madras Defendant to the Replica* 
of John Sanderson late of the said place Mer- 
chant, Complainant. 

The said Defendant now and at all times hereafter saving and reserving to him- 
self all and all manner of Benefit and advantage of Exception to the Incertainty and 
Insufficiency of the said Replycation saith That the Defendants said Answer is cer- 
tain true and sufficient in the Law to be replied unto, and he also saith, That if the 
Repliant hath kept Regular Books it is Impossible they should prove the payment 
of any sum of money to this Defendant because the s d . Replyant pretends that till 
the I 3 th . of Nov 1 ', last past he thought the Governour had the money in dispute,' 
therefore no entry made in march 1736/7 can prove this Defendant had it, The 
most that can be made of this proof is that the Replyant (suppose he ever did Issue 
the money at all) did give it to his servant Muggonah with orders to pay the same 
to this Defendant but the entry in his Books can by no means prove that Muggona 
made such payment and for the Testimony of the said Muggonah this Defendant 
knoweth not yet what it is, But humbly begs leave to answer what the Repliant saith 
of the Voluntary coming up of Muggona and the Impossibility from the Situation of 
Metchlepatam that he sho d . be forced to come against his Inclination thereto, This 
Defendant saith that altho' he cannot as yet prove that the said Muggonah was 
brought from Metchlepatam by force yet he thinks he has good reason to believe 
he was, since it is well known that the Dutch Chief of Pullicatt was Employed by 
the Replyant to get him from Metchlepatam to Pullicatt and did there detain the 
said Mugganah till the Replyant himself went to Pullicatt and did deliver him into 1 
the Charge of his own Peons; Since therefore force was used to bring him from 
Pullicatt hither it is as reasonable to suppose the same means were used to get him 
from Metchlepatam to Pullicatt, neither it is difficult to conceive that the Dutch 
Chief at Metchlepatam might lay hold on Muggonah & send him to Pullicatt without 
applying to the Phausdar of the former place for leave, or that a sum of money 
(which the pretence on which this Cause is founded shews the Replyant would not 
refuse to give to obtain his end) might engage the Phausder to deliver him up, This 
Defendant saith as above that the Chief of Pullicatt did detain Muggonah till he had 
advised the Replyant that he was there That thereupon the Replyant did go in the 
most private manner to Pullicatt Discoursed with the said Muggonah there brought 
him hither under Charge of his own peons till he the said Muggonah came to this 
place and on his arrival here shut him up and confined him in his the Replyants 
house suffering no Body to speak to him but in his presence, and at last obtained an 
order from this Honourable Court for Examining the said Muggonah before the 
usual time for such Examination which Generally is not till Issue joined Except in 
Extraordinary Cases all which Proceedings of the Replyants this Defend*, conceives 
will Justify him in saying this Witness is an Involuntary one for if a Regard to Truth 
or Love to his Master had been the motives which Engaged him to come from so 
distant a place as Metchlepatam in so weak a Condition as is set forth by the Reply- 
ant what reason could there be to suspect he would after all this prevaricate or 
falsify the Evidence he had taken so much Trouble to Come up hither to give But 
it is Easy to answer for the proceeding of the Repliants upon a supposition that 
Muggonah did not come voluntarily. The detaining him at Pullicatt till the Repliant 
arrived there, the bringing him by peons from thence, the locking him up in the 
Replyants house and not suffering him to speak to any Body till Examined and 
getting that done before the usual time not because Maggonali's affairs call'd him 

1745— 1a 



4 Records of Fort St. George 



away for Muggonah is here still, But because the Repliant himself was going to 
Europe, all carry in them visible marks of Restraint & show that the Replyant appre- 
hended the said Witness when free from the Terrors he was under of the severity of 
his Master would confess the Truth to clear this Defendant and this Defendant 
humbly leaves it to the Judgm 1 '. of this Honourable Court whether he ought to be 
■condemned on the Evidence of one Single Witness under the Circumstances above 
recited, and who besides is (as this Defendant can prove) a person of ill Fame and 
Reputation add to which That if this Witness has given any Evidence against this 
Defendant (for as before said Yet this Defendant knoweth not what it is) It must be 
that he received the money from his master and paid it this Defendant. This Defen- 
dant therefore Conceives that this Evidence is not to be admitted since what he 
swears against this Defendant is only to clear himself for having acknowledged he 
received the money ; If he doth not swear he paid it this Defendant he himself must 
be Answerable for it ; and as it is a known maxim that no person can be a good 
Evidence who is to be a Gainer by the Issue of the Cause of which the Replyant 
seems Convinced when he tells this Honourable Court they are not Tied & manacled by 
the shackles of the Law but will Judge according to Equity and good Conscience 
That is, he hopes they will give Judgm*. for him tho' the Evidence doth not amount 
to what the Law Directs. This Defendant also promisses himself this Honourable 
Court will Judge according to Equity and Good Conscience, and (since there is no 
sufficient Evidence nor any but what are Intrested against him in the Cause will 
Discharge him from this prosecution. 

This Defendant further begs leave to represent to this honourable Court that 
if upon such a Charge supported in so slight a manner he is to be Condemned no 
man can be safe in his Fortune ; Tis true this Case is some what particular but it is 
Easy to Frame many others with Circumstances much more probable yet Equally 
false, and it is yet more Easy to find persons who (Either for fear or Reward) may 
give Evidence in such a Case else why so many Laws against perjury and subornation 
and why are so many rules for Judging of in such cases laid down in Acts of Parlia- 
ment. 

For the next thing is this Defendant absolutely denies and has on his oath already 
denied he ever had any Discourse with the Repliant about the sum in Question till 
the 13 th . of November tho' the Replyant had at different times discourses with this 
Defendant about other matters, particularly the last they had together was about 
sundry Complaints brought up against the Replyant from Vizagapatam at which 
time this Repliant did double his Fist at this Defendants and in great passion tell 
him that since he had not hindred those Complaints from coming to the Governours 
Ears he the Replyant would find means to be revenged on this Defendant whether 
this prosecution be that revenge or not This Defendant will not take upon him to say. 

The Repliant further saith that he'll take his Oath this Defendant never denied 
the Receipt of_the money till he was Confronted before the Governour which is very 
true because that being the first time This Defendant ever heard of it. it must neces- 
sarily be the first time he ever Denied it, and as to what the Repliant saith about 
money advanced to his Gomastahs that affair is set forth in this Defendants answer 
to which he most humbly referrs. 

And this Defendant also saith as in and by his said Answer he hath already said 
and does and will averr and maintain all and every Thing & Things therein to be 
true and certain in such manner & form as they & every of them are therein alledged 
and Expressed. 

Henry Deveil 
Attorney for the Defendant. 

February 26 th . 1739/40. The Surrejoinder of John Sanderson late of 

Madras, Merchant, Complainant to the Rejoinder 

of Cashia Chitty Audeapa of the same place. 

This Complainant upon perusal of the Defendants Rejoinder and finding new 

Matters therein set forth by the Defendant least this Hofible Court may be Induced 

to believe what the Defendant sets forth in his said Rejoind 1 ". to be true Viz*, that 

this Complaint forced & Compelled Mugganah a Witness in this Complainants Cause 



Pleadings in the Mayor's Court, 17 i5 



to come from a place called Metchlepatam to bear Testimony in behalf of this Com- 
plainant and that this Complainant did Confine or Imprison the said Mugganah in 
his this Complainants house not suffering the said Mugganah to go abroad or any 
person to come to him the said Mugganah, all which is most Notoriously false, for 
this Complainant says That the said Mugganah did on advice by Letter only come 
from Metchlepatam as farr as Pullicate where this Complainant did advise the said 
Muggana to stay till he the said Mugganah should have advised this Complainant of 
his the said Mugganahs arrival at Pullicatt and this Complainant shews that his the 
•Complainants reason for going to Pullicatt was to Conduct the said Mugganah to 
Madras and to prevent any Insult that might have been put on the said Mugganah 
by a person so powerfull as the Defendant, nor could this Complainant do otherwise 
in Justice to himself not daring to send any person on the said Errand Viz*. To 
bring the said Mugganah to Madras It being Notorious that all Tanissaries the persons 
that usually go on such Messages are Intirely. at the Beck & are to be Influenced by 
the Defendant neither will it be at all surprizing to this Complainant if the Defend- 
ant should bring 500 Witnesses to support what the Defendant sets forth in his 
said Rejoinder, and this Complainant begs leave to lay before this Honourable Court 
one Instance only of the power of a Man in the Defendants station, Ancanah (Father 
in the Law to the Defendant) Dubash or Servant to the late James Mackray Esqr., 
formerly Governour of Fort S*. George soon after the Arrival of his Majesties 
Charter did procure a petition signed by more than 300 black Merchants, the princi- 
pal Inhabitants of Madras, to be preferred to the then Governour setting forth in 
the said Petition the Grievances They the said Merchants Together with the rest of 
the Black Inhabitants Laboured under by the Charters being put in Execution, both 
in the Court of Oyer and Terminer, and in the Hohble the Mayors Court and did in 
the said Petition pray that the Honourable Company might be prevailed upon to 
procure the said Charter to be Recalled and that said Court might be abolished and 
this Complainant shews that in the year Thirty or Thirty one as this Compl*. believes 
when George Morton Pitt Esq 1 ', was Governour the said Petitioners did acknowledge 
they were obliged to sign the said petition, and that he the said Ancanah did Oblige 
them so to do, Some were obliged to sign by Blows others by Threats, others by 
being placed in the Sun and sundry other Methods peculiar to this Country made 
use of to bring people to Complyance (in consequence of which the said petition was 
ordered to be Burnt by the hands of the Common Hangman) and was Burnt accord- 
ingly. For which Arbitrary proceedings and many others presented by the then 
Grand Jury the said Ancanah was fined 20,000 Pagodas to be paid to the Honourable 
Company & to be Imprisoned for a Term of years, as will by the Records of the said 
Court of Oyer and Terminer more fully appear From which this Complainant begs 
Leave to Inferr that it can be no ways surprizing if the Defendant brings a Number 
of Witnesses to prove the Compulsary measures said by the Defendant to be used 
by this Complainant to bring the said Mugganah to Madras. Since the Complainant 
is gone from Europe & cannot possibly Confront the Defendant or Witnesses neither 
can it be at all strange if a number of Witnesses be made use of to Vellify this Com- 
plainants Witness Mugganah seeing he is also departed to his own home and this 
Complainant shews the nature of this Complain* 8 . Case will admitt of no more Wit- 
nesses as to the Delivery of the money than one, that a very Substantial one. The 
other proofs as this Complainant humbly conceives are strong Circumstantial ones 
therefore this Complainant humbly hopes the Defendants Witnesses will have their 
due Weight with this Honourable Court and humbly prays as in and by his said Bill 
and Replica he hath already prayed. 

John Russell 
Attorney jor the Complainant. 

March The 4 th . 1739/40. 

The Rebutter of Casuivah Chitty Adeapah 
Defendant to the Surrejoinder of M r ". John San- 
derson late Merchant of Madras Complainant. 
This Defendant upon perusal of the Complainants Surrejoinder finds therein 

sev 1 . allegations set forth which argue new matter to be answered by thisDefendant 

who begs leave to observe in Referrence thereto. 



6 Records of Fort St. George 



First an Absolute Denial of any fforce used to bring Mugganah from Metchle- 
patam and of the Keeping him up in the Complainants house not suffering anv Body 
to come to him. 

Secondly an Endeavour to prepossess this Honourable Court against such 
Evidences as may be produced by this Defendant to prove such fforce and Confine- 
ment . 

Thirdly a matter is stated & urged as an Instance of the power of another 
person who was formerly Dubash to a Governour as this Defendant now is. 

Fourthly an Endeavour to Invalidate the Evidence this Defendant may bring 
against Muggana's Character. 

Fifthly an Objection to any Evidence This Defendant may bring because 
both the Complainant and Muggana being out of the way cannot Confront such 
Evidence. 

To the first of these, This Defendant answers that it's known to all this Town 
that, the Complainant did go himself to Pullicatt and Leave his Peons to bring Mug- 
gana from thence which the Complainant confesses himself giving for reason that 
he did not dare to do otherwise so that all set forth in the Rejoinder about this affair 
is not absolutely false as affirmed in this Surrejoinder and for the rest it said to be new 
matter and the Complain*, gone to Europe, If so this Defendant humbly Conceives 
the persons employ'd to prosecute in his absence, cannot have Consulted him upon 
such new matter nor have received any Instructions from him on such new matter 
and therefore their affirming that Mugganah came Voluntarily on a Letter only can 
be only a bold assertion without Foundation and the more so because Mugganah being 
also Industriously removed out of the way they have had no opportunity even to 
inquire of him, This Defendant therefore Conceives they thought such assertion 
necessary for support of their Cause, and Ventured upon it without instructions 
and therefore since the manner of bringing him from Pullicatt and stands confessed 
& the Confinement here is so publickly known to all the World, The suggestion in 
this Defend ts . Rejoinder that the same methods were used to bring him from Metchle- 
patam stands still uncontro verted. 

As to the 2 d . Article that it is in this Defendants power to procure 500 Wit- 
nesses to prove the above force, This Defendant sees not what use can be made of 
it, For if 500 Witnesses will perjure themselves, one surely may be supposed 
capable of it, If a Dubash can Influence such a Number, surely a Master one of the. 
Council of this place may be supposed to Influence his Servant Especially Consider- 
ing the manner in which the Servant was brought hither and kept while here. This 
Objection Therefore Concludes as strongly against Muggona's Evidence as it can 
do against the Evidence this Defend*, may produce. Thirdly the Instance given 
to prove Ancona's power while Dubash to M r . Macrae, is not only untruly stated, 
but otherwise is no ways applicable to this case (for the said Ancona was never 
called to account or Examined about the petition against the Charter nor was he 
Fined or Imprisoned on that account But for other Misdemeanours and tho' this 
Defendant believes it to be true that some of the Petitioners did confess they had 
signed to the said petition against their Opinion yet it no way appears Except in 
the Surrejoinder that they were forced to it by the means or in the manner there 
set forth, But if such means had been made use of the Case is not parralel for in that 
Affair it is Notorious that Ancona acted by order of his Master. & therefore could 
Venture upon a strain of power since there was little probability of Complaints 
carried to M r . Macrae ag*. his Serv*. for doing what he ordered would meet with 
success. But in the Case of this Defendant no Compulsion can be used because it 
is so apparently the Interest of the present Government to have this matter cleared 
up, that if this Defendant be really found Guilty he may not foster a Snake in his 
Bosom If therefore this Defendant were to use force to obtain Evidence they would 
meet with Encouragement if they Complained. But supposing what's very" Impro- 
bable that they should fear to Complain yet the Complainants Constituents would 
not fail to Let the Governour know it who as above said is so greatly concerned to 



Pleadings in the Mayors Court, 1745 7 

find out Whether this Defendant be a Rogue or not. The fourth article is answered 
in the answer to the second, But the Fifth this Defendant cannot less pass without 
a Remark or two, It says that the Complainant being gone to Europe and Muggana 
returned to his own home, can neither of them confront the Evidence this Defend- 
ant may bring, This Defendant see's not what use is designed to be made of this 
for the Complainant, since the persons, who drew up the Surrejoinder for him and 
carry on this prosecution can as well Cross Examine or Confront the Evidences 
brought by this Defendant as the Constituent, or Muggana if present could 'do, But 
they have helped this Defendant with a strong argument in his Favour in this objec- 
tion which he Believes slipp'd unawares from them, For if this Def ts . Witnesses 
must not be Believed because they cannot be Confronted how much more strongly 
may this Defendant urge this against Mugganahs Evidence. That he was brought 
by fforce from Metchlepatam remains yet a doubt it is Notoriously known that he 
was met at Pullicatt by his Master, Delivered, to his Masters Peons, (or as they are 
called in the Surrejoinder Janizaries) at Pullicatt by them brought to his Masters 
house at Madras, kept close Confined there & nobody but such as his Master allow'd 
of permitted to speak to him till be was Examined. 

It is true this Defendant had a Copy of the Bill & put in his answ r . and might 
have Examined Mugganah to so much, but neither Replycation nor Surrejoinder 
being then Exhibited such Cross-Examination must have been very Imperfect and 
might rather Turn to his Detriment since Publication is not yet passed, and there- 
fore the assertions in these two last not being Controverted by such Cross Examina- 
tion might be look'd upon as Confessed tho' the sole reason of such Defect had been 
that Muggana were Examined before they were Extant and then sent out of the 
place. 

Henry Deveil 
Attorney for the Defend*. 



i 



Interrogatories to be Exhibited to such Wit- 
nesses as shall be produced sworn and Exa- 
mined on behalf of the Plaintiff in a certain 
cause wherein John Sanderson of Fort S*. 
George is Plaintiff and Cashia Chitty Audeapah 
of the same place Defendant. 

To Mugganah Do you know the parties in this Cause or either & which of them 
and how long have you known them or either & which of them Declare. 

2 d . Did you any time & when carry any money from the Plaintiff to the Defend*. 
If yea, say what was the sum so carried, how came you to carry the said money to 
the Defendant, was it by order of Plaintiff or by the request of the Defendant that 
you carried the said money, To whom did you deliver the said money, who was 
present when you Delivered the said money, and upon what Account did you deliver 
the said money, had you any present given you for delivering the said money, by 
whom was the present given & what was the present given, Did the person that gave 
the said present say he gave it you on his own account if not whose account did" the 
person (that gave you the present) say the present was given, Do you remember 
what the said person said to you, when you took the present did he say anything to 
you about the Plaintiffs Books, Did the Pin in tiff ever bid you ask for the money 
again, Did you ever ask the Defendant Audeapah for the said money, and what 
answer did he the said Audeapah make you, when you asked for the said money 
Declare Do you know of any other matter or thing that may be of Service to the 
Pisintiff in this Cause Declare. 

John Russell 
Attorney for the Cornj)laina7it. 



8 Records of Fort St. George 



Additional Interrogatories on Behalf of the Plaintiff 
in a certain Cause wherein John Sanderson of 
Madras Merchant is PI*, and Cashia Chitty 
Adeapah is Defendant. 

To Robert Giles Did you Live with the plaintiff as a Servant in what Capacity did 
you live with the plaintiff, was you with the plaintiff when Mugganah came fronr 
Pullicatt, do you know anything of the said Mugganah being kept prisoner at the 
plaintiffs house Do you know of any Body being set over the said Mugganah to- 
pi event his going abroad do you know if he the said Mugganah did go abroad while 
he lived at the plaintiffs did he go frequently or seldom do you know or can you tell, 
if he the said Mugganah had his ffreedom or Liberty to go where and when he pleased,. 
Did you ever hear the said Mugganah say that he was brought by fforce to Madras, 
did you ever hear him say the Contrary or that he came of his own free will or did: 
you ever hear him say why he came or what Invitation he had to come all which, 
if you know Declare. 

John Russell 
Attorney for the Complainant. 

Mayors Court at Between John Sanderson Complainant and" 

Madraspatnam. Cashia Chitty Audeapa Defendant. 

Depositions of Witnesses taken in this Cause by and before the Examiner in«. 
this Cause as follows. 

Mugganah otherwise John De Silvia formerly servant to the Complainant aged 
40 years or thereabouts being produced as a Witness in this Cause on the part of 
the Complainant was on the 16 day of January 1739/40 shewn at the office of 
M r . Henry Deveil Attorney for the Defendant, by Charles Nero who left a name of 
the name Title and place of abode of the said Deponent Mugganah & afterwards 
on the same da} T being sworn & Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the Com- 
plainant John Sanderson and has so known him about 10 years and the Defendant 
Cashia Chitty Audeapa being 18 and 20 years. 

2 d . To the second Interrogatory this Deponent saith That sometime before his 
Master the Complain*, returned to Vizagapatam in the year 1738 but least he should" 
be mistaken in the year he saith at the time the Complain*. Lived in a House being 
to M 1 '. Holland Goddard in Gloucester Alley he this Deponent carried from the 
Complainant to the Complainant [sic] to the Defendant two Bags conts. each 1000' 
Pagodas the whole affair relating hereto this Deponent saith happned thus : A Peon 
came one Morning about 10 'Clock to call this Depon*. to him, this Dep*. went Imme- 
diately to the Fort when the Defendant Adeapah was, & met him above stairs in the 
Fort house, the Defendant taking this Dep*. on one side told him to bring the 2000 P s . 
of his Masters secretly Charging this Dep*. at the same time to let neither Peon or 
servant know of it, this Deponent went accordingly to his Master the Complainant deli- 
vered his Message & received from him the above mentioned two Bags containing 2000" 
Pagodas tied them up in his sash and returned to the Defendant then in the Fort 
house, he the said Audeapah took this Deponent into the room where the Gover- 
nours Servants wait & on their Entring the said Room all the Servants that were 
therein retired not one remaining besides this Deponent and the Defendant, at the 
same time the Governour called for a Servant the Defendant went to him for a 
small space & returned again then asked this Dep*. for the 2000 Pagodas which the 
Dep* took out of his Sash & delivered them into his own hands, which he received, 
& unlocked a Door that Let into the Governours Apartment the Def*. Entered that 
room with the money, returned & locked the Door again then he carried this Depo- 
nent to the stair head sent for a Shroff and ordered him to bring 20 Pagodas, that 
sum was brought, and the Def*. Audeapah put it into the Depon +s . hands, telling 
him that it was a present to him from the Governour, that done, this Defendant 
took this Depon*. on one side & told him to desire his Master the Complainant to 



Pleadings in the Mayor's Court, 1745 



make no Entry in his Books of the sum aforementioned of 2000 Pag 5 , lest his 
Bramins & Conicoplys should have knowledge of it, Further this Deponent saith 
that he cannot be certain upon what account his master the Complainant ordered 
the above said sum to be paid the Defendant, nor did the Defendant ever tell this 
Deponent upon what account he received it : Further this Deponent saith that after 
the above mentioned affair was Transacted his Master stayed about a year at Vizaga- 
patam and then returned to Madras when he his said Master told this Deponent he 
had asked the Defendant often for the money to no purpose and at the same time 
laid his orders on this Deponent to tell the Defend*, that matters had not happned 
at Vizagapatam to his Expectations therefore he Expected Restitution of the afores d . 
2000 Pagodas this Deponent saith he delivered his Masters message in the foregoing 
words or words to that Effect but the Defendant made neither answer or reply to this 
Demand and Further this Deponent saith not to this Interrogatory. 

To the third and last Interrogatory this Deponent saith he knows no other 
matter or thing material that can be of Service to the Complainant in this Cause. 

The mark of Mugganah. 

Robert Giles aged 32 years or thereabouts being produced as a Witness in 
this Cause on the part of the Complainant and afterwards being sworn & Examined 
Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant and Defendant, the former he has so known about five mo s . & the 
latter upwards of 4 years. 

To the additional Interrogatory this Deponent saith that he Lived with & 
served the Complainant Sanderson as his Writer, & lived with the said Complainant 
when Mugganah came from Pullicatt, the said Mugganah was not kept prisoner at 
M r . Sanderson the Complainants house or elsewhere nor no person whatever set over 
him to prevent his going abroad, so much on the contrary the said Mugganah came 
and went as he thought fitt himself and others from abroad frequently came to see 
him the said Mugganah, so far he was from being under any Constraint of staying 
in the Complainants house, Further this Deponent saith he has heard the said Mug- 
ganah say that upon the Complainants sending him a Letter conveyed to him by the 
Dutch Chief of Pullicatt desiring to come to that place, he the said Mugganah volun- 
tarily and of his own free will came to Pullicatt, and no force had been used to 
bring him thither, at Pullicatt the Complainant met him, and they came Together 
from thence to Madras, and the Deponent hath heard the said Mugganah say that 
Intent of the Compl* 8 . sending for him to Madras, was to prove his Delivering, & 
having delivered to the Defendant the sum of 2000 Pagodas and this Deponent was 
present when the said Mugganah made Oath before the Mayor of his having Delivered 
the Defendant that sum and further the Deponent saith not to this Interrogatory. 

To the last Interrogatory this Deponent saith that he has heard the Complain*, 
say that he gave the sum of 2000 Pagodas afs d . into the hands of the said Mugganah 
with orders to him to carry and deliver the same to the Defendant & that the said 
Mugganah told the Complainant he had done as Ordered at the same told the Com- 
plainant It was the Defendants desire that the Complainant should make no Entry 
of that money in his Books to prevents its coming to his the Complainants servants 
knowledge and this Deponent saith that he hath heard the Complainant say also, 
that he the Complainant had Demanded the sum of 2000 Pagodas aforesaid from 
the Defendant and that the Defendant made him answer the first time by saying he 
would see concerning it; on the Complainants asking him the second time for the 
money the Defend*, desired him to be silent in the affair & He would get the money 
returned the third time the Complainant demanded the money the Defend* gave 
him for Answer that the money was a Gift therefore he could not Expect to have 
it returned him again, Thus much the Deponent heard the Complainant speak of 
the affair & further this Dep*. saith not. 

Robert Giles. 
1745—2 



10 Records of Fort St. George 



Interrogatories to be administred to such 
witnesses as shall be produced sworn and Exa- 
mined on the part and behalf of Cashia Chitty 
Audeapah in a certain Cause wherein Cashia 
Chitty is Defend*, and M r . John Sanderson is 
Complainant 

To all the Witnesses : Do you know the parties Complainant & Defend fc . in 
this Cause, or either and Which of them & how long have you known them or either 
& which of them Declare. 

2 d . To Rich d . Benton Esq k . Item Did you ever receive any sum of money from 
the Hands of the Defendant on account or as sent from the Complain*. John Sander- 
son Do you know that the Complainant ever sent the sum of 2000 Pagodas to this 
Defend*, or that this Defendant ever received to your knowledge the aforesaid sum 
either from the Complainant or any of his the Complainants Servants Do you know 
any other matter or thing for the Defendant in this Cause If Yea set forth the same 
as you know have been Informed or do believe Declare. 

3 d . To Gonga Chitty and Mertomiah & Cassure & Vencatasha & Taercon 
Dubash did you know John Mugganah when Living at Metchlepatam in whose 
service & how long have you known him, in what station did the said John Mugga- 
nah serve his Master ? Do you know the said Muggonahs Family did they live in good 
Credit and repute what was his the said Muggonahs Father by Trade? Did his the 
said Muggonahs Father live with her lawful Husband or with whom did she live 
Did you know by sight the said Muggonahs Wife, if yea who did she live with before 
said Muggonahs Marriage to her & in what station did she Occupy; Do you know 
that M r . John Sanderson wrote a Letter to the Dutch Chief at Metchlepatam, if yea, 
to what Intent was the Letter wrote, Do you know the said M r . John Sanderson 
offered the said Mugganah a sum of money to come to Madras, Did not the said 
Muggana Inform you that M r . John Sanderson had made him a present of a sum of 
money since his Arrival at Madras Declare. 

4 th . To Commadato Item Do you know one John Mugganah late servant of 
M r . John Sanderson Do you know that he carried a Roundel! for the said M r . John 
Sanderson? Do you know what other Service he occupied in for his said Master? Do 
you know the said John Muggonah's Family Do you know what Credit & repute they 
lived in Declare. 

5 th , To all the Witnesses Item Do you know any other matter or thing Material 
for the Defendant in this Cause if so set forth the same as you know, have been 
Informed or do believe, with the Eeasons for such your Knowledge & belief Declare. 

Henry Deveil 
Attorney for the Defendant. 

Interrogatories to be administred to such 
Witnesses as shall be produced sworn and Exa- 
mined on the part and behalf of the Defendant 
in a certain Cause wherein Cashia Chitty Audea- 
pah is Defend*, and M r . John Sanderson Com- 
plainant. 
To Eangapah & Chinnapiah & Colee & Gournadee Imprimis — Do you know 
that M r . John Sanderson sent a Letter to the Chief of Pullicatt did you hear or 
was Informed that the Chief of Pullicatt sent for John Muggonah from Metchle- 
patam, Do you know that John Muggonah was sent for by two Peons to come to 
the Complainant who was then at Pullicat Do you know the Compl*. & the said 
John Muggonah held a private Discourse together? 

Did you hear the Complainant tell the said Muggonah not to be afraid for that 
the Complainant would protect him at which time Did you not observe the said 
Mugganah very dejected and seemingly weeping Did you not observe the Complain- 
ant put his hand on said Muggonah's head and bid him fear nothing, was you not 
present when the said Complain*, stopped the said Muggonah's Douley on the Eoad 



Pleadings in the Mayor's Court, 1745 11 

(Did not they converse together privately for some time? Near a place called 
Trivallavoy Do you know of Complainant gave the said Muggonah 25 Pag E . Do 
you know the Compl*. gave the said Mugganah other ID Pag s . on his arrival at 
Madras & what further you know passed Between the Complainant and said Mug- 
gonah Declare. Did you not hear the said Muggonah say he was sorry for being 
brought here did not the Complainant make you present to be secret in what Mug- 
ganah Declared to you. 

2 d . Item Do you know any other matter or thing material for the Defend*, in this 
Cause, If yea, set forth the same as you know have been inform' d or do believe 
with the reasons of such your knowledge or Belief Declare. 

Henry Deveil 
Attorney for the Defendant. 



Mayors Court at 
Madraspatnam. 

Between John Sanderson Complainant and 
Cashia Chitty Audeapa Defendant. 

Depositions of Witnesses taken in this Cause by & before the Examiner in this 
Court as follows. 

Eichard Benyon Esq b . President and Governour of Fort S*. George aged 41 
years or thereabouts being produced as a Witness in this Cause on the part of the 
Defendant was on the 22 d . day of February 1739/40 shewn at the office of M r . John 
Eussell Attorney for the Complainant by Charles Nero who left a Note of the name 
Title and place of abode of the said Deponent and afterwards on the same day and 
year being sworn & Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties Com- 
plainant and Defendant named in the Title of the Interrogatories & has so known 
each of them six years & upwards. 

2 d . To the second Interrogatory this Deponent saith that he never did receive 
from the Defendant at any time any sum of money on account of the Complainant 
Sanderson nor does this Deponent, know that ever the Complain*, sent the sum of 
2000 Pag s . enquired after in this Interrogatory to the Def*. nor whether the Defend- 
ant ever received the sum aforesaid from the Complainant or his Servants nor did 
this Deponent ever hear of the Complainants sending such a sum of money till the 
13 th . day of Nov r . 1739 when the Complainant wrote this Deponent thereof. 

5 th . And as to the fifth & last Interrogatory this Deponent saith, that the 
said 13 day of Nov r . 1739 being then at the Companys Garden this Depon*. received 
a Letter from the Complainant Sanderson Demanding the said sum of this Depo- 
nent, & this Deponent saith that not rightly understanding what the Complainant 
meant, the Deponent sent for the Complainant to Explain it, and particularly as 
to the mone3^ which the Complainant said the Defendant received from the Com- 
plainants servant Mugganah, when the Deponent ask'd the Complainant what sum 
it was, The Complainant answered 2000 Pag 8 , then this Deponent asked him for 
what? the Complainant said he understood it was for the Deponent, upon which this 
Deponent told the Complainant, that he this Deponent would take his oath he never 
received a Pagoda of it, but the Deponent said to the Complainant he would soon 
Inquire into this matter and thereupon this Deponent called for the Defendant, but 
he being that Morning in Town, the Deponent appointed the Complainant to meet 
him again in the Evening, when the Defendant being called in, & charged with 
having received the sum of 2000 Pagodas from the Complainant by the hands of his 
servant Mugganah and with having owned the Receipt of it, and promised repay- 
ment, which the Complainant affirmed he had, the Def*. absolutely Denied it but 
acknowledged that the Complainant since his return to this place from Vizagapatam 
had told him the Defendant and that he the Complainant had advanced his Gomas- 
tahs at Vizagapatam to the amount of 2000 Pagodas in Rupees, and had demanded 
1745— 2-a 



12 Records of Fort St. George 



that money of him here which the Defendant said he would to pay if the Complainant 
had any receipt for it from the Defendants Gomastahs, or so soon as they should 
give him any Advice that they had received it, Upon this the Complainant denied 
that he ever made such demand upon the Defendant, and said, those accounts were 
settled at Vizagapatam, and he had been paid there, upon which the Defend*, 
replied no sir for I paid you one Bill here for 833 Rupees, and another for 300 and 
odd pagodas the Complainant answered that he was now paid all, and had no Demand 
for anv money advanced the Defendants Gomastah's upon this the Deponent Inter- 
rupted them, & told the Defendant that the Question was, Whether the 2 d . day of 
March 1737/8 he received 2000 p s . from Mugganah the Complainants servant which 
was to be paid this Deponent which the Defendant denying again, the Complainant 
asked the Defendant whether he had not applied to him and told him that if he would 
persuade the Deponent to permitt the Complainant to go down again to Vizaga- 
patam to settle his affairs there and bring up his Family, he would give the Defend- 
ant 2000 Pagodas The Complainant also said the Defendant told him in Answer 
that the Deponents mind was a little vexed about the Bad Cloth, and some ill usage 
of the Vizagapatam Merchants, but if the Complainant would get the money ready, 
the Deponent would Let him know when it would be proper to send it, But the 
Defendant absolutely Denied that the Complainant had ever made such application 
to him after which they fell into some other discourse which not being material to 
the sum in dispute this Depon*. ordered the Defendant to withdraw, then this Depo- 
nent asked the Complainant how he could be so Weak to Trust such a Sum of money 
in such hands, when this Deponent had Cautioned him against it long before, mean- 
ing in a Letter which this Dep*. had wrote to the Complain*, the 7 day of Febry 
1735/6 and not only so, but tho' the Complainant staid in the place till the first day 
of April 1738 and was frequently with the Deponent Between that day and the 
2 d . of March 1737/8 being the day the Complainant said he sent the money 
Yet in all that time he never once gave this Deponent the Least Hint or Intimation 
of it to which the Complainant only answered, It was very true he had not, The 
Deponent told him it was a very odd story, and the Complainant said it was so, but 
he would not Lose his money & as to the Letter wrote by the Deponent to the Com- 
plainant under the aforement d . date of February Seventh 1735/6 this Deponent 
saith that in January 1735/6 the Defend*, came into the Deponents Writing room 
and shewed this Deponent a Letter to him the Defendant from the Complainant 
whose servant Mugganah had brought it to the Defendant, together with 1000 
Pagodas Designed as a present for this Deponent, the Copy of which Letter is as 
follows. 

To Cassem Chittt Audeapa. 

I have sent my Servant Mugga to you, who will Inform you the great misfor- 
tune that attends me here for want of a Choice of able people to Contract with, 
besides the prices I allowed last year in proportion to the Reduction made is so great, 

that I am Informed by several people that the Merchants were actually Loosers by 
the Cloth, and still there is a large Debt outstanding by Lingan's set of Merchants, 
one of which has proved a Bankrupt, and he owes half of the Debt among them 
for his share. 

You will find by what Mugga will deliver you, I have made the same Compli- 
ment for the Governour I ever did for his predecessors, which I do with a great 
deal of Good Will, but can less afford it of any time since M r . Macrae left Madras, 
you may depend upon my readiness to serve you on all occasions I am 

Vizagapatam Your Assured Friend 

the 19 th . Dec r . 1735. John Sanderson. 

After this Deponent had read the said Letter he was a good deal surprized at the 
matter of it, as well as the Confidence he the Complainant reposed in his Servants, 
and the Deponent considered that if he returned the money by his said servant he 
might still pretend the Deponent had received it and though the Deponent should 



Pleadings hi the Mayor's Court, 1745 13 

have wrote the Complainant he had not yet the Deponent much doubted in whom 
the Complainant would have most Faith, and therefore this Deponent concluded 
it was most safe to take the money into his own possession, and without saying what 
his design was, he ordered Mugganah to be brought in with the money, which was 
accordingly done, and Mugganah laid the money down upon the Table before the 
Defendant after which the said Mugganah and the Defendant went out together 
further this Deponent saith That the 7 th -. day of February 1735/6 the Deponent 
wrote to the Complainant as follows. 

Sir 

" I have seen the Letter which you wrote to Audeapah, and am very sorry to 
' ' observe by it that you were upon such hard terms whilst you were at Ingeram when 
" at the same time I have very good reason to believe both your Neighbours at 
" Vizagapatam and Maddapollam sat Eent free; but however that be I am sure 
" neither the Companys affairs or your own can be carried on in the manner they 
" ought to be if what you offer upon the present occasion is once Established as a 
" constant practise, yet that you might not be deceived in what has passed here, 
*' what your Dubash brought I have thought fit to take into my possession, and 
" desire you will send an order to M 1 '. Morse to receive it of me, he need not be 
'"' acqiiainted upon what account it is " neither it is proper that Notions of this sort 
should be publick or propogated for fear of the Evil Consequence that such a way 
of thinking may be attended with. 

As you know upon what Terms you are upon with me 1 must recommend it to 
you that you are Industrious and Vigilant in promoting the Investment, you will 
want no reasonable Encouragement from hence, but we cannot answer to give such 
Extraordinary prices for bad Cloth, when we ought to have given Less for that which 
is good but I write you apart and in the General more fully about your Investment 
and this is sufficient here. 

Fort S t . George I am sir 

Febt 7 th . 1735/6. 'Xour Assured Friend. 



And this Deponent saith That the 5 th . day of March following the Compl*. 
acknowledged the Receipt of this Dep ts . Letter of the above date & in his said 
Letter of the 5 th . of March wrote this Deponent as follows. 

" I have your Honours pardon to ask, in offering to do a thing so Contrary 
' ' to what you seem to Expect If it is your Honours pleasure of returning that which 
" my servant Delivered, if you please of sending it by some Vessell as it will be 
''' Less publick." Upon receipt of which Letter from the Complainant, and suppos- 
ing the money delivered was Current Pagodas the Deponent ordered M r . Goulding 
who was his Cash keeper to lay it out in Madras Pagodas and the 29 th . day of May 
1736 this Deponent sent them by the Complainant by Cap : Hepburn & the IS** 1 , of 
June 1736 the Complainant wrote this Deponent as follows. " The small Chest 
' Cap*. Hepburn brought me came out right according to the mark of the Bag " the 
24 day of July the same Year the Complainant wrote the Depon*. again " probably 
" your Honour would take it amiss if I did not Inform you but the Pagodas I sent 
" your Honour was a sealed Bag of New Madras Pagodas, and it is reasonable to be 
" supposed may have been paid away in room of others " this Deponent saith he 
kept no Copy of what he wrote the Complainant in answer, But this Deponent 
believes it was in substance " That he judged the Complainant was right in suppos- 
" ing the money had been paid away instead of other, and that some body was 
" possibly the better for them, but as this Deponent was not he the Deponent did 
not think himself accountable for the Difference. 

And this Deponent further saith that the Complainant arrived here from 
Vizagapatam the 19 th . day of January 1737/8 and soon after had several discourses 
with the Deponent relating to Vizagapatam affairs and the Complain*, doubted so 
little of his going again to Vizagapatam, that he proposed to the Deponent to buy 



14 Records of Fort St. George 



a French ship which was then in the said to be sold, in order to be Employed in the 
Trade between Vizagapatam and this place which this proposal the Deponent very 
readily came into and that ship sailed for Vezagapatam the 27 of February on which 
day also the Complainant delivered a paper into Council relating to the Vizagapatam 
Investment and which this Deponent believes was looked upon then, as preparative 
to the Complainants return thither, and this Deponent further saith That talking 
once with the Complainant about his Turned out Cloth (But the Exact time this 
Deponent cannot remember) the Complainant asked the Deponent if he would take 
it upon his own account telling the Deponent he should have it for 2000 Pagodas 
less than it Cost him Or that he would Loose 2000 Pag s . by it, This Deponent did 
not ask him to Explain himself but guessing that he meant what he ought not, this 
Dep*. only told him he did not know what to do with it, and this Deponent further 
saith that at another time but cannot recollect the particular day the Complainant 
brought the Deponent an open Account Current, the Ballance whereof due to the 
Complainant would have been upwards of 2500 Pagodas by reason of sev 1 . Sums 
the Complainant had Disbursed for the Deponents account amongst others the 
Deponents share of the French ship above mentioned and this Deponent observing 
the Complainant had Given Credit in the said account for 2000 Pagodas Cash 
received, which the Deponent knew the Complainant had not received the Depo- 
nent supposed it to be a Sum that the Complainant wanted to be paid in part of the 
Ballance & was therefore going to call for his Cash keeper to order the money to 
be paid, but the Complainant stopped the Deponent & said he did not want the 
money, upon which the Deponent asked the Complainant for he put it in the 
account for, to which the Complainant replied, that he designed it as a present, or 
desired the Deponent would accept of it or to that Effect, upon which this Depo- 
nent asked the Complainant, how he could make any such offer or Imagine the 
Deponent had any such Expectations^ after what had passed Between them about 
the Thousand Pagodas the Complainant sent by his Servants Mugganah or said the 
Deponent to the Complainant " do you think I refused that Because it was not 
Enough? this Deponent & the Complainant had a good Deal more Discourse at 
that time, but this Deponent cannot charge his Memory with so much of it, as to 
be particular in Reciting it here but it Tended to Convince the Complainant that the 
Deponent would accept of no such offers, and that the Complainant might Depend 
upon all the Good Offices in the Deponents power without any Expectations of that 
sort & therefore the Deponent desired the Compl*. to put his account Current in 
his pocket again which the Complain*, accordingly did, and this Deponent saith That 
what accounts were then Depending between them were afterwards made up, and 
the Ballance being Pagodas Two thousand Five hundred Twenty nine, Twenty Nine 
Fanams and Twenty Cash (2529. 29. 20) was really and actually paid to the Com- 
plainant March the 8 th . 1737/8 without any Deduction whatever And further this 
Deponent saith that he doth not know or can set forth any matter or thing material 
more> that can be of Service to the Defendant in this Cause. 

Rich 25 Benyon. 

Gonga Chitty native of Vizagapatam and Dubash aged 35 years or thereabouts- 
being produced as a Witness in this Cause on the part of the Defendant & afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant & Defendant and has so known them about 20 years. 

3 d . To the third Interrogatory this Deponent saith that he knows the person now 
Enquired after in this Interrogatory commonly called by the name of John Mug- 
ganah, he remembers the said Mugganah from the time he served M r . Humpry Hol- 
comb at Vizagapatam in the station of a Peon and since that he served the Complainant 
in the same station, and afterwards became his House Dubash, Further this Depo- 
nent saith he knew his Family at Metchlepatam, his mother was kept by a Black- 
smith at that place, and to the day she died was not married his wife had been a 
Slave to a Chief of Metchlepatam Factory to the best of this Deponents remembrance 
named Lowden, who at his Death amongst other Slaves gave her, her Liberty when 



Pleadings in the Mayor's Court, 1745 15 

soon after Mugganah married her and neither he or his wife were better respected 
than other Christian Slaves commonly are amongst Moors and Gentues, Further this 
Deponent saith, that in the Conversation with the Peon M r . Sanderson Employed 
to carry a message to Mugganah at Metchlepatam, he learned from him that he had 
sent the said Mugganah some money, but cannot tell how much, with a Letter desir- 
ing him to come to Madras, but knows nothing more of the Contents of the said 
Letter, nor of any sent the Dutch chief at Metchlepatam, the said Mugganah did 
.at no time tell this Deponent of the Complainant Sanderson having made him any 
late present or reward but amongst People of his Rank this Depon*. saith he has 
heard that M r . Sanderson made him a present of 50 Pagodas before he went for 
England and further this Deponent saith not to this Interrogatory. 

5 th . To the 5 th . and last Interrogatory this Deponent saith he knows no other 
matter or thing that can be of Service to the Defendant In this Cause. 

The mark of Gonga Chitty. 

Meee Tomiah Merchant of Metchlepatam aged 38 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards being 
Sworn and Examined Deposeth as follows. 

l tet . To the first Interrogatory this Deponent saith that he has known the Com- 
plainant Saunderson about 13 years and the Defendant Audeapah about 10 years. 

3 d To the third Interrogatory this Deponent saith that he knows and is acquaint- 
ed with John Mugganah, and has been so for many years the first station of Life he 
knew the said Mugganah in was a menial Low servant Even he believes below a Cook 
to a preceeding English Chief to the Complainant Sanderson in Metchlepatam 
Factory, and afterwards he served the Complainant in very low offices about the 
Factory till by Degrees he was permitted to wait at the Complainants Table the said 
Mugganahs mother had formerly been kept by a Moor, but being Turned off her 
poverty forced her to set up a Cajan Butteek sold Chiroots &c[ a ]. then she was 
taken into keeping by said Mugganahs Father but was never married to him, the 
said Mugganahs Wife was bred up a Gentoo, lost her Cast & was sold to an English 
Chief at Metchlepatam, her master dying dismissed her with her Liberty, soon after 
a Portuguese Missionary then at Metchlepatam Baptized her and Mugganah soon 
after that married her, Mugganahs Father this Deponent saith, he believes was a 
Carpenter, his Brother a Blacksmith, but all the Family in General were Extreme 
miserable and poor for some years, Further this Deponent saith that it has been 
reported for Truth by sev 1 . persons that M r . Sanderson wrote a Letter to the Dutch 
Chief at Metchlepatam to prevail with Mugganah to come to Madras & sent the said 
Mugganah a message promising him if he came to make him a present of 40 pagodas 
on his Arrival and further this Deponent saith, he knows no other matter or thing 
more that can be of Service to the Defendant in this Cause. 

Meer Tomiah. 

Cassure Vencataisha Merchant and Inhabitant of Metchlepatam aged 32 years 
or thereabouts being produced as a witness in this Cause on the part of the Defen- 
dant and afterwards being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant & Defendant, the former he has so known 15 years and upwards the 
Latter he says he has known 9 years or thereabouts. 

3 d . To the third Interrogatory this Deponent saith That he has known John 
Muggana upwards of 20 years at Metchlepatam & he served the English Chief of 
that "Factory preceding W. Sanderson the Complainant, his Employment was all the 
Low services about a house for some years and afterwards was Employed as a Peon 
by the Complain*, and then carried his Roundell; This Deponent saith he was not 
personally acquainted with his Family his this Deponents Cast not permitting him 
to Eank with any so much below them but by the Eeport of others this_ Defendant- 
understands that the said Mugganah' s Family were Extreme poor & miserable his 
Father and Brother were Black smiths, his mother had been a Common Whore 



16 Records of Fort St. George 



before his Father took her into keeping to whom she was never married, the said 
Mugganahs wife had been a Slave to the Chief abovementioned who after his death 
gave her, her Liberty after which Mugganah married her as this Deponent has 
already said he had no acquaintance in the Family he knows nothing relating thereto, 
and further this Depon*. saith he has heard from others that the Complainant wrote 
a Letter to the Dutch Chief of Metchlepatam to persuade the said Mugganah to come 
to Madras, and at the same time the Complainant wrote another Letter to Mugganah 
desiring him to come with a promise if he did come to make him some considerable 
present but the Contents of the said Letters further then what this Deponent heard 
from Peons and others Servants the Deponent knoweth not nor did he ever hear the 
present said to be promised to Mugganah in case he came to Madras ever Limitted 
to any particular sum and further this Deponent saith not to this or the Q^ 1 . Interroga- 
tory. 

Cos sure Vencataisha. 

Taercon formerly Dubash to the Complainant when Chief at Ingeram aged 40 
years or thereabouts being produced as a Witness in this Cause on the part of the 
Defendant and afterwards being sworn & Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he has known the Com- 
plainant Saunderson about 7 years and the Defendant Casha Chitty Audeapah Ten 
years or thereabouts. 

3 d . To the third Interrogatory this Deponent saith That he knew Mugganah the 
person Inquired after in this Interrogatory when living at Metchlepatam he was at 
the first of this Deponents acquaintance with him a Servant in the outhouses in 
Metchlepatam Factory After that a Peon to carry messages and after all was admitted 
by the Complainant Sanderson to attend on his person, this Deponent further saith 
that he has no great knowledge of or acquaintance with the said Mugganahs Family 
any further than that to the best of his Eemembrance Mugganah's Father was a 
Carpenter, Mugganah's Brother was a Blacksmith & the whole Family very poor 
and Indigent till within these few years, This Deponent saith that he knows nothing 
of Mugganah's mother Whether she had been ever married or not, and knows only 
this Circumstance of his wife, that she had formerly been slave to a Chief of Met- 
chlepatam Factory who on his death Granted her, her Freedom after which 
Mugganah married her, Further this Deponent saith that he knows nothing what- 
ever relating to the Letters or present Inquired after in this Interrogatory this 
Deponent being then at Ingeram and further saith not to this Interrogatory. 

To the fifth Interrogatory this Deponent saith he knows no other matter or 
thing material or that can be of service to the Defend*, in this Cause. 

Taercon his mark. 

Commadayo formerly Chief Peon at Vizagapatam aged 55 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendant and after- 
wards being sworn and examined Deposeth as follows*. 

1 st . To the first Interrogatory this Depon*. saith that he knows the Complain- 
ant John Sanderson about 20 years and the Defendant Casha Chitty much about the 
same time. 

4 th . To the 4 th . Interrogatory this Deponent saith that he knows the person 
Inquired after in this Interry John Mugganah and hath so known him for the first time 
the Complainant Entertained him, as a Peon, and since that he carried the Complain- 
ants Eoundell and afterwards served as a house Dubash, this Depon*. saith also he 
knew the said Mugganahs Father, Mother, and Wife, the former was a Blacksmith at 
Metchlepatam, the second had been a Slave to an English Chief whose name this 
Deponent hath forgot at that place she was kept by the said Smith and never married, 
by whom she had Mugganah and other Children after the death of the said Black- 
smith she was a Common Whore till she was again taking into keeping by a Moor, 
his wife had been a Slave also, and till the time the said Mugganah had obtained the 
favour and Countenance of the Complainant neither he or any of his Family were- 



Pleadings in the Mayor's Court, 1745 17 

respected or regarded any more than the lower and looser sort of Christians generally 
are and further this Deponent saith not to this Interrogatory. . . 

To the fifth Interrogatory this Deponent saith, he knows no other matter or 
thing that can be of service to the Defendant in this Cause. 

Commadayo his mark. 

Eungapah formerly Peon to the Complainant aged 30 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defend*, and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the Complainant 
Sanderson and has so known him about one year and the Defendant Adeapah 
Between 14 & 15 Years. 

. To the additional Interrogatory this Deponent saith that he knows the Com- 
plainant wrote a Letter to the Dutch Chief at Pullicatt and this Deponent was 
Informed that the said Chief sent two Peons to Metchlepatam to bring the person 
Inquired after namely John Mugganah to Pullicatt this he the Deponent heard from 
the very peons employed on that Message, and was present when they reported to 
the Complainant that the said Mugganah was arrived at Pullicatt, thereupon the 
Complainant Immediately set out from hence for that place, and this Deponent went 
with him, This Deponent saith that on the Complainants arrival at Pullicat and meet- 
ing with the said Mugganah he took him on one side and discoursed in private some 
time that done the said Mugganah seemed greatly dejected and Cast down the Com- 
plainant Comforted him and Assured him of his Favour and portection and at the 
same time stroked him on the face often laid his hand upon Mugganahs head and 
Clapped him on the shoulder. Further this Deponent saith that on the road from 
Pullicatt near a Village call Trevallavay, the Complainant stopped the said Mugga- 
nah's Douly and both went together on one side, and held a discourse together 
a second time for near half an hour, Further this Deponent saith that at Pullicatt he 
this Deponent saw the Complainant give the said Mugganah 25 Pagodas and at 
Madras 10 Pagodas more both which sums were given as Presents from the Com- 
plainant And this Deponent saith that he has often heard Mugganah express the 
utmost concern for his being brought up here on such an Occasion, and this Depo- 
nent saith further that the Complainant made him this Deponent a present of a piece 
of Sallempores and a Sword strictly charging him at the same time to make no 
mention of what he had observed to pass between the said Mugganah and Complain- 
ant and further this Deponent saith not to this Interrogatory and knows nothing 
more that can be of service to the Defendant in this Cause. 

Eungapah his Mark. 

Chinnapayah formerly servant to the Complainant, aged 24 years or there- 
abouts being produced as a Witness in this Cause on the part of the Defendant and 
afterwards being sworn & Examined Deposeth as follows. 

I s *. i* G the first Interrogatory this Deponent saith, that he knows the parties 
Complainant and Defendant the former he has known between 9 & 12 months the 
Latter between 2 & 3 Years. 

To the additional Interrogatory this Deponent saith that he knows the Com- 
plainant wrote a Letter to the Dutch Chief at Pullicatt who sent the Complainant 
word sometime after that John Mugganah was come to that place from Metchle- 
patam,. upon Receipt of that Message the Complainant set out Immediately for 
Pullicatt and this Deponent saith with several others of the Complainants Servants 
with him, on their Arrival at that place and meeting with the Muggana at the Dutch 
Chiefs house the Complainant took the said Muggana on one side Commanding this 
Deponent and all the other Servants to withdraw, the Complainant and Mugganah 
continued in private some time their discourse ended and a manifest Grief appear- 
ing in Mugganahs Countenance the Complainant Endeavour'd to chear him by 
stroking his Face and often Clapping him on the shoulder telling him to fear nothing 
since he could and would protect you, on the road to 'Pullicatt near Treval'avay 

1745— 3 



18 Records of Fort St. George 



Village the Complainant ordered this Deponent to stop Mugganahs Douly he the 
Complainant getting out of his Palanquin at the same time took Mugganah at a dis- 
tance from the other Servants and held a second discourse together for the space 
of near an hour This Deponent further saith that he knows the Complainant made 
the said Mugganah a present of 25 Pagodas at Pullicatt & has heard from others the 
Complainants Servants that Mugganah received another present of 10 Pag s . from 
the Complain*, at Madras further this Deponent saith That the Complainant never 
once enjoined this Deponent to Secresy in any matter nor did he make this Depon*. 
any present till the time he the Complainant was going for England when he Gave 
the Defendant two Pagodas And further this Deponent saith that he has often heard 
Mugganah Express himself heartily sorry that he sho d . be Engaged in the Affair now 
in dispute between the parties Complainant and Defendant and further saith not to 
this or the fifth Interrogatory. 

Chinna Paya his Mark. 

Colee formerly Palanquin Boy to the Complainant aged 25 years or there- 
abouts being produced as a Witness in this Cause on the part of the Defendant and 
afterwards being Sworn and examined Deposeth as follows. 

1 st To the first Interrogatory this Deponent saith that he has known the Complai- 
nant about Six months and the Defendant Adeapah upwards of Ten years. To the 
additional Interry this Deponent saith that he knows the Complainant wrote a 
Letter to the Dutch Chief at Pullicatt and that some time after the said Chief sent 
2 Peons with a message to the Complainant Importing that John Muggana was 
arrived at that place from Metchlepatam, the Complainant on the first Notice sett 
out for Pullicatt where he met Mugganah But this Deponent serving the Complainant 
as a Palanquin Boy did not require his attendance on the Complainants person There- 
fore he cannot tell whether he & the Complainant had any private discourse together 
at Pullicatt or not, nor was this Deponent by to see what passed Between them, 
this Deponent remembers that near Trevalaya Village the Complainant sent his 
servant to stop the said Mugganah's Douly being then on their way to Madras, Mug- 
ganah got out of this Douly and the Complainant ought of his Palanquin then it was 
this Deponent saw them hold Discourse together in private and the Complainant did 
the same a second time at a Village called Valure, thus much the Deponent saith he 
knows of the Complainant and Mugganahs talking in private, and this Deponent 
heard from his Fellow servants that Mr. Sanderson the Complainant Gave Mugganah 
a present of 25 Pag s . at Pullicatt but heard of none made him at Madras further he 
saith that Mugganah has at several different times, declared himself very sorry he 
should be obliged to enter Madras again, and seemingly repent his having been 
brought there this time, further this Deponent saith, the Complainant made him 
the Deponent no present at any time, but at his Departure for England & then he 
gave this Deponent 12 fanams, but at one time Enjoined him to Secresy, and further 
this Deponent saith not to this or the last Interrogatory. 

The mark of Colee. 

Gouenada formerly Servant as a Cooley to the Complainant aged 25 years or 
thereabouts being produced as a Witness in this Cause on the part of the Complainant 
and. afterwards' being Sworn & Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent Saith That he has Little or no 
Knowledge of the Complainant having served as a Cooley in his house for about 18 
days and the Defendant he knows by sight only. 

To the additional Interrogatory this Deponent saith That he Knows nothing 
whatever Inquired form this Interrogatory, nor can he say anything that can be of 
Service to the Defendant in this Cause. 

The mark of Gournada. 

January the 17™. 1739/40. 



Pleadings in the Mayor's Court, 1745 19 

M B . Saunderson sworn To the Truth of this Paper before me Timothy Tullie 
Mayor. 

I John Sanderson Merchant of Fort S*. George do declare on Oath that on the 
7 th . day of March 1737/8 I did send 2000 Pagodas in two Sealed Bags by the hands 
of my Servant John Mugganah and Ordered him to give the same into the hands 
of Cashia Chitty Audeapah (Commonly called Narrain) in order that he should 
deliver the said two Bags to his Master Governour Benyon. 

I further Declare on Oath that on or about the middle of February 1738/9 
meeting the said Cashia Chitty Audeapa as I was coming down from the Governours 
I had a discourse with him in the General Table hall near the North East Window, 
Informing him of sev 1 . Hardships among the rest that I expected my 2000 Pag 8 , to 
be returned who upon my Leaving him said that he would see & speak the second 
time I asked him again about the money he said that he had not spoke, but desired 
me to be Secret & he would see & get it me ; and the third time of asking him for the 
money he told me it was a present and I must not Expect it, To which I made answer 
I should not fail of speaking to the Governour about it, before I left India. 

John Sanderson. 

Mayors Court at 

Madraspatnam. 

Tuesday the 15 th . day of April Anno Dmi 1740. 
Between John Sanderson of Fort S*. George 
Merchant Complainant and Cashee Chitty 
Audeapah of the same place [Du'jbash Defen- 
dant. 

This Cause Coming on this day to be heard and Debated before this Court in 
presence of the Attorneys on both sides, on hearing the proofs taken in this Cause 
read, and what was alledged on either side and upon Examination had of the matters 
in this Cause, and due Consideration thereon this Court doth therefore think fit to 
order and Decree and doth accordingly order & Decree that the Defendant do pay 
unto the Complainant the sum of 2000 Pag 6 , and that each party do pay their own 
Costs. 

f Cur 

John Stratton 
Reg*. 



Court op Appeals at 

Madraspatnam. 

Between Bookangee Cossee Doss,, Ragoor 
Verango Chitty Narlum Juggoo and Trivitee. 
Sasachilum Chitty, Trustees to the Estate of 
Coshua Chitty Adeapah late of Fort S*. George 
Dubash Appellant and John Crompton Executor 
of John Sanderson late of the same place Mer- 
chant Respondent. 

This Cause coming on this day being Monday the 29 th . day of April Anno 
Domini 1745 to be heard and debated before this Court by the Attorneys on both 
sides. Upon hearing the petition of Appeal and answer the Appellants exceptions 
to the answer, and the answer to these Exceptions, Together with the petition of 
Eevivour of John Crompton Executor of John Sanderson deceased, to the authority 
of which no objection made by the Attorney of the other party the several Exhi- 
bits of the Honourable the Mayors Court and the Decree thereof given in this Cause 
on Tuesday the 15 th . day of April Anno Dmi 1740 read, and upon due 'Consideration. 
1745—3 a 



'20 Records of Fort St: George 



had of the matters therein severally contained and of the pleadings and. Arguments 
used by the Attorneys on both sides, This Court doth think fit to order and Decree 
and doth accordingly hereby order and Decree, that the said Decree of the Honoura- 
ble the Mayors Court do stand Confirmed and that the parties do each of them pay 
their own Costs in this Court. 

J Cur 
. ; George Pigott — 

Clerk of Appeals. 



•5th March 1744. . ':•.:■' 

To the Honourable the Mayors Court at Madras- 
patnam. . 

Humbly Complaining Sheweth unto this Honourable Court your Orator Vishva- 
nada Badriah Merchant & Inhabitant of Madras having had Sundry Dealings with 
one Zandialla Gungadriah also Merchant of and Living and residing within the 
place aforesaid, he the said Zandilla Gungadriah having occasion for a sum of money 
did apply himself to your Orator requesting the Loan thereof whereupon your 
Orator did advance and lend unto the said Zandilla Gungadriah the full and just 
sum of 80 Pagodas (SO) Current money of Madras, which in Sterling money of 
Great Britain accounting each Pagoda Eight shillings amounts to thirty two pounds 
or thereabouts for securing the Bepaym*. of which Sum with Interest thereon 
after the rate of nine f! Cent $ Annum on Demand, He the said Zandialla Gunga- 
driah did in and by one Bond bearing date in Fort S*. George the Tenth day of 
April in the year of our Lord One Thousand seven hundred and forty two (1742) 
Mortgage his the said Zandialla' s Gungadriahs house situate in Narrapa Naigue 
Augur ahauram Street in the Mootal Petta To have and to hold the said House &c a . 
Appurtenances unto your Orator his Heirs for ever Subject Nevertheless to the 
usual Proviso in such Cases That is to say if he the said Zandialla Gungadriah his 
Heirs Executors Administrators or Assigns should pay or Cause to be paid unto 
your Orator his Heirs Executors Administrators or Assigns the full and Just Princi-* 
pal sum of Eighty P 6 . (80) together with Interest due thereon after the aforesaid 
rate then and in such Case the said Obligation to become Void otherwise to remain 
in full Force & Virtue and your Orator further shews unto. 

[48 pages of the original volume are missing.'] 
and Delivered the same to the Defendant, and the most part of the said returns the 

Defendant sold Clear of Custom and all other Charges to the amount of 254Q. 4. 
out of which sum there was to be deducted Principal money taken up P 8 . 1420 and 
Eespondentia thereon at 36 ^ Cent is 511. 7. 16 Principal and Respondentia in 
all is 1931. 7. 16 so that the Profit arising on the said Goods amounts to the sum 
of 608. 32. 64 which in Consequence of the agreement made by the Defendant 
to the Eeplyant; the said Profit so arisen is of -course the property of this Eeplyant, 
and besides the Goods Sold for as aforesaid there yet remains unsold in the Defend- 
ants hands a Bulse of Eubies and Sapphires seal'd and some other Loose stones, 
which this Eeplyant also deems as his property and valued at Pegu at P s . 300. 

And this Eeplyant says that besides the P s . 307.. . 20. 70. ballance of a former 
account and the Eespondentia on the same P.. 110. 18 in all Pagodas 418: 8. 70 
which together with the last Voyages profit P 8 . 608. .32. 64 in all due and payable 
from the Defendant to this Eeplyant Pagodas one thousand Twenty Seven, ffive 
fanams ffifty ffour Cash 1027. 5. 54 besides the Eubies and Saphires unsold and 
now in the custody of the Defendant. 

And this Eeplyant further saith that on demanding of the Def*. the abovesaid 
sum and Eubies, at the Juncture of time one Vencattee Puttee came to this Eeplyant 
and desired this Eeplyant to lend him P s . 400 at Eespondentia to Pegu, upon which 



Pleadings in the Mayor's Court,.. 1740 21 

this Replyant said to the Defendant let him have that sum I know him to be an honest 
-man therefore you may safely Trust him. On which the Defendant Let the said 
Vencattee Putty have P 3 . 300 and the Defendants Brother Armagon 100 Pa s . for 
which sums the said Vencatee Putty gave them a Respondentia Bond. 

-Sometime after this Repliant demanding of the Defendant his before mentioned 
right and property the Defendant said to this Repliant there is Vencattee Puttys Bond 
for Pagodas 300 (which the Defendant had lent the said Vencattee Putty) you may 
go and receive that, which this Repliant accepted of and afterwards went to Pegu 
on his own proper Account where this Eeplyant received of the said Vencattee 
Putty P 8 . 300 so that there still remains due and payable from the Defendant to the 
Repliant Pagodas seven Hundred and Twenty Seven, five ffanams and ffifty four 
Cash Pag s . 727. 5. 54 besides the Bulse of Rubies and Sapphires still in the hands 
of the Defendant. 

And this Replyant acknowledges it to be true that on his going to Pegue, he 
did Leave orders with the Defendant to disburse money for this Replyants Familys 
houses expences, which request the Defendant says he complied with during this 
Repliants absence, but this Repliant humbly hopes this Honourable Court will cause 
the Defendant to produce a Just and true account of what money he has disbursed 
on account of this Replyants Family during his absence as aforesaid which being 
done this Replyant is ready and willing to give the Defendant Credit for the same. 

All which matters and things this Replyant is ready to aver maintain and prove 
the same as this Honourable Court shall award and humbly Prays as in and by his 
said Bill he hath already prayed. 

Henry Deveil 

Attorney jor the Complainant. 

1741. 28 th . April. 

The Rejoinder of Subramoney Merchant of 

Madras to the Replycation of Woodundee of 

the same place Merchant Complainant. 

This Defendant now and at all times hereafter saving and reserving to himself 

all and all manner of Benefit and advantage of exception to the Complainants Reply- 

cation saith that the Def ts . said answer is true certain and sufficient in the Laws to 

be replied unto and this Defendant further saith as the Repliant in his Replication 

desires a Just account may be produced this Defendant doth therefore refer to two 

accounts hereto annext to this Defendants Replication to the Repliants answer to 

this Defendants Cross Bill. 

All which matters and things, this Defendant is ready to aver maintain and prove 
and humbly. prays as in and by- his said Answer he hath already prayed. 

John Russell 1 
Attorney jor the Defendant. 

Oct r . 2 d . 1739.' ;"; 

j ; • To, the Honourable the Mayors Court op 

'. '-' _ ■ Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Orator Alla- 
gapah Subre'mpney Merchant of Madras, That Chinna Tombe Woodundee Merchant 
of and now living and residing in Madras your Orator having agreed to Lett one 
Vencattee Putty have 400 PK at Respondentia that is to say to get 400 Pagodas at 
Respondentia for the said Vencate Putty, and your Orator, and the said Vencata 
Putty to go equal share in the Profit and Loss the said 400 Fag 3 , to be invested in 
Madras and to be disposed of at Pegu by the said Vencatee Putty and vour Orator 
shews that Meeting with the above said Woodundee, he the said Woodundee having 
notice your Orator was going to Lett the said Vencattee Putty have 400 Pagodas on 
the aforesaid Terms desired of your Orator that he the said Woodundee might be 
Concerned 100 Pagodas with your Orator, which your Orator did agree to; and 
your Orator shews That your orator did take a Respondentia Bond from the said 



22 Records of Fort St. George 



Vencatee Putty in the Name of Arnatchelum Chitty, and Lent him the 400 Pag^ 
.one of which, was the Concern of the said Woodundee, now your Orator shews That 
your Orator having Business in the Country did Leave the said Woodundee to take 
care of your Orators house and Family, and your Orator shews that while Your 
Orator was absent, and he the said Woodundee In Trust and possession of your 
Oiators house, he the said Woodundee did take away your Orators Chest and 
Escruto're, in which was Sundry Bulses of Rubies, and Sundry Bonds Notes arid 
Cajans, and your Orator shews that on your Orators return to Madras your Orator 
did make Complaint to some of the Cast by which means your Orator recovered hi$ 
Eubies Bonds and Cajans Except the Respondentia Bond before mentioned arid 
some Toys value about 30 Pag 3 , which Bond he the said Woodundee did pretend was 
mislaid and your Orator shews that sometime after he the said Woodundee being 
going to depart this place for Pegu and your Orator suspecting he might by virtue 
of said Bond recover the said money, of and from the said Vencattee Putty at Pegue 
your Orator to prevent as much as in him lay, the said Woodundee from possessing 
himself of said money, Did write a Letter to the said Vencatte Putty thereby Signify- 
ing the Clandestine means the said Woodundee had used to possess himself of said 
Bond and at the same time ordered him not to pay any money on account of said 
Bond to the said Woodundee But Your Orator shews that the said Woodundee did 
possess himself of your Orators Letter, and prevented your Orators advice from 
reaching the said Vencattee Putty and Likewise produced the Bond and demanded 
Principal Respondentia and Profits that had accrued from said money, and your 
orator shews, that the Principal and Respondentia of said Bond amounted to 544 
Pagodas besides the Profits that was to be Divided as ^ agreement Between Your 
Orator and the said Vencatee putty. 

And your Orator shews that he has frequently in the most friendly manner 
applied himself to the said Woodundee requesting of him to restore the Bond or pay 
the money received on account of said Bond But now so it is may it please this 
Honourable Court the said Woodundee absolutely refuses to give your orator any 
satisfaction in the premisses. 

To the end therefore that the said Woodundee may upon his Corporal Oath 
true and perfect answer make to all and every the matters aforesaid as fully truly 
and effectually to all Intents and purposes as if the same were here again repeated 
and Interrogated and be Decreed to pay your orator the said 544 Pagodas with an 
Equal share of the profits as is before set forth and that the said Woodundee may 
upon Oath set forth what was received by him as profit besides the aforesaid Sum 
and that your Orator may have such further and other Relief in the premisses as- 
shall be agreeable to Equity and good Conscience. 

John Russell 

Attorney for the Complainant. 

Sworn in Court 
Dec r . 18 : 1739. 

The Answer of Chinnatomby Woodundee 
Merchant of Madras Defendant to the Cross 
Bill of Complaint of Allagapah Subramony of 
the said place Merchant Complainant. 
This Defendant saving and reserving to himself now and at all times hereafter 
all and all manner of Benefits and advantages of Exception to the Manifold Errors 
and Imperfections, Incertainties and untruths in the Complainants said Bill con- 
tained for answer thereunto or to so much thereof as this Defendant is advised doth 
materially concern this Defendant to make answer unto he this Defendant answereth 
and saith that the Plaintiff did never as this Defendant knows let one Vencattee 
Putty have 400 Pagodas at Respondentia on the Terms set forth in the Complainants- 
Bill of Complaint, unless the Complainant did so unknown to this Defendant, but 
to make the matter clear for the Inspection of this Honourable Court in short, the 
400 Pagodas the Complainant pretends he lent to Vencatta putty was not lent by 
him But by this Defendant from whose hands the said money was paid and Conse- 
quently this Defend*, was the only titled person to receive it back from the said 



Pleadings in the Mayor's Court, 1745 23 



Venkataputty to whom this Defendant paid it with his own hands, But this Defend- 
ant doth admit he did take up 300 Pagodas from the Complainant but then it was 
in part of a greater Sum the Complainant before stood indebted to this Defendant 
as "§* account annexed to this Defendants Bill will shew referrence being had thereto 
But the Complainant in his Fictious Cross Bill artfully appropriates the 300 Pagodas 
which this Defendant took up of him to the Bond which Vencataputty gave this 
Defend* and with which the Complainant never had any concern but pretends so 
to have had being unwilling to have the 300 Pag s . deducted out of the money he 
owed to his Defendant as f? account aforesaid, and to make it plain the Complainant 
never had any Concern in the said Bond so given by the said Venkata putty to this 
Defendant this Defendant doth annex hereto a Translate of the Agreement Articles 
which was drawn at the same time the 400 P s . was lent by this Defendant and the 
Bond given by Vencataputty & which Bond has been since taken up at Pegue by 
the said Venkataputty and the Contents paid by him to this Defendant, But the 
Articles of agreement still remains with this Defendant signed by the said Venkata- 
putty which demonstrates the Complainant had no Concern therein. 

And this Defendant also denies that he took away any Chest and Escrutore 
out of the plaintiffs house, save only that which is his own and this Defendant abso- 
lutely denys that ever he carried any Bulse of Rubies and Bonds Notes &c. of the 
Complainants which he this Defend*, stands accused with But this Defendant doth 
admit it to be true, that he this Defendant did dwell and reside in the Complainants 
house, some time as his own, being Brother in Law to the Complainant, at which 
time this Defendant had no dwelling house of his own. But this Defend*, did never 
Convey ought out of the Complainants house of the Complainants property, But this 
Defendants goods only and even those was Carried out in presence of the Compl*. 
and by his own consent as in the Issue of this Cause shall be fully proved, and this 
Defendant denies he was ever subject to the Censure of the Cast as the Complainant 
falsely pretends and this Defendant doth absolutely deny that he ever possessed 
himself of any Letter sent by the Compl*. to Vencataputty or any other person in 
Pegue. And this Defendant hath long from time to time requested the Compl*. to 
settle Accounts with this Defendant But without Effect. 

All which matters and things this Defendant is ready to averr and prove as 
this Honourable Court shall award and humbly prays to be hence Dismissed with 
His Reasonable Cost in this Behalf most wrongfully sustained. 

Heney Deveil 
Attorney for the Defendant. 

September 15 th . 1736. 

I Milapore Chellaputty Vencatty Puttee Modlare do hereby agree and Con- 
tract with Woodundee Modalre that whereas he having procured for me the loan 
of 400 Pagodas from Arnachala Chitty on Respondentia to Pegue, the said Sum to 
be laid out in Goods and Merchandize of this place proper for the market at Ava 
there to be carried by me to be disposed of and the produce to be Invested in Goods 
there and to return to Madras where the said Goods being sold the Principal & Pre- 
mium of the above mentioned Respondentia discharged, what Surplus or Gains 
shall remain to be equally divided between the said Woodundee Moodelare and 
myself, It is agreed further that in Case of the Goods afores d . sell for loss or by 
bad debts or otherwise any Loss should arise thereby the said Woodundee Modlare 
to bear an equal proportion of the same with myself. 

Signed 
Vencaty Putty. 
Witness 

Porchilure Condopah Moodlare. 
Wntiare Subramony. 
Drawn by Subramony. 

Geo : Jones 

Translated from the Original. Ezam r . 



24 Records of Fort St. George 



April 28 1741. 

The Eeplication of Allagepa Subremony Mer- 
chant of Madras Complainant to the Answer, of 
Woodundee of the same place Merchant Defend- 
ant. 

This Eeplyant now and at all times hereafter saving and reserving to himself 
all and all manner of Benefit and advantage of Exception to the manifold Errors 
Imperfections Incertainties and untruths in the Defendants said answer for Eepli- 
cation thereunto saith that all and singular the matters and things in the Compl** 3 . 
said Bill are true and certain as the same are therein alleged & that the Defendants 
said answer is very untrue Imperfect Insufficient in the Law to be replied unto, for 
this Replyant saith that 200 Pagodas of the four lent to Vencata Putty was Borrowed 
of Arnachelum Chitty by this Eepliant and one hundred Pagodas was the Concern 
of this Eepliants Brother named [lacuna~\ and the other hundred Pagodas was the 
Concern of the Defendant, which made up the sum of 400 P s . lent Vencataputty 
for which the said Vencataputty gave this Eeplyant a Bond in Arnachelums Name, 
and which Bond the Defendant took from this Eeplyant and received the amount 
of said Bond Together with the Premium, of and from Vencataputty at Pegu, as 
this Defendant himself acknowledges, as for the agreem*. the Defendant annexes- 
to his Answer, it is true, that it is wrote in the Defendants and the said Vencata- 
puttys names but this Eepliant begs Leave to shew, that the true intent and meaning 
of said Agreement was that Vencata Putty should have one half of the Profits and 
this Eeplyant and the Defendant the other half of the Profits to be divided Between 
them, But this Eepliant says that the Defendant and this Eeplyant being at that time 
in perfect Harmony and friendship one Name was at that time thought sufficient to 
be Incerted with Vencataputtys in said agreement, and this Eeplyant says the 
Defend*, did not take up 300 P s . of this Eepliant Neither doth this Eeplyant perceive 
that the Defendant has given Credit for any such in his account too and annexed to 
his Original Bill and as to the Defendants pretending that this Eeplyant is Indebted 
to him this Defendant this Eepliant begs leave to shew the Contrary by the two 
accounts annexed to this Eepliants Eeplication, which this Eepliant begs may be 
received as part of said Eeplication by which it will appear that the Defendant 
stands greatly indebted to this repliant. 

All which matters and things this Eepliant is ready to averr maintain and 
prove as this Honourable Court shall award and humbly prays as in and by his said? 
Bill he hath already prayed. 

John Eussell 
Atty. for the Complainant. 



" '\ ! .'■■•' ■: '■ T : ■ •■ ! r i' 





Pleadings in the Mayor's Court, 1745 




.25 


1734 
Sep r . 

1735 
June 


.... Account of Bespondentia Viz 1 . 

15th. From Arnachelum Chitty "Pag 8 . 1400 @ 36 $ 

Cent for 18 m°s. ... ' ... ... — 

• .'. Do. Woodandy @ 40 $* Cent ^ 18 m°s 

. . From Armagom Ditto ... ... 

Naga Chittys private adventure ... " 

From Armagom 109 Tecall d°. 

9 From Subramonies @ 20 $ Cent $ Month 

Pagodas. 


1400 — — 
30 — — 
20 — — 
33 27 — 

44 — — 

155 — — 






1682 [27] — 





1736 
April 



28 



Account of Principal and Bespondentia Viz*. 

Arnachellums Principal . ... 1400 — — 

@ 36 ^ Cent Bespondentia for 



18 mos. 



504 — — 



Woodandy Principal ... 
@ 40 % Cent for 18 m°*. 


. 30 
. 12 


— 


— 


1904 

42 

28 

50 
44 

186 




Armogon Principal ... 

@ 40 'P Cent Bespondentia 


.. 20 
. 8 


— 


— 




Naga Chitty Principal 
@ 50 V Cent ..: 


. 37 
. 16 


27 
31 


40 


9,9. 4ft 


Armogon 109 Ticall 
Subramonie principal 

@ 20 $ Cent 3 9 month 


. 155 
. 31 


_, , 


— 
















2254 


22 40 



The Money received in Pegu. 

Woodandy and Canavarum 7 Ticall ... 2 31 40 
Aundy 21 Ditto ... 7 — — 

Bama Lingam ... ... ... 2 9 — 



12 4 40 



Pagodas 2266 27 — 



Account of Interest Viz?. 

Arnachallum Chitty Principal and 
Bespondentia from May the 20 
1736 to August the 30^. 1736 is 1904 — 
m os . d s . 
3. 10 a 9 W Cent $ annum . 

Subramonie D°. 
Interest on D°. 

Armogon 

Interest 



47 


22 40 


186 
5 


27 — 


72 
2 


— — 



1951 22 40 



191 27 — 



74 — — 



Carired over 



2217 13 40 



1745—4 



26 



Records of Fort St. George 



Naga Chitty 
Interest 

.Woodundy 
Canavarum 

Aundy 

Bamah Lingam 



Account of Interest Viz 1 . — cont. 
Brought Forward 



50 22 40 

19 — 

42 — — 

2 31 40 



2217 13 40 



51 30 40 [sic] 



44 31 40 

7 — — 
2 9 — 



Pagodas 2323 13 40 [sic} 



Account of Sale. 

Buby sold to Tomby Chitty and 
Paupa Chitty for. 1360 

Charges Viz r . 

Ball Chitty ... 50 — — 

Gave to Poor ... 2 — — 

Customs 3£ /P Cent. 47 21 48 



99 21 48 



Net amount 1260 14 32 

Gold : 18 9 - 

Beceived of Bama Lingam and Ganaparmaul ... 282 22 — 

Maria 3 27 — 

Interest on Ditto ..." 7 18 • — 



Pagodas 1572 18 32 



Account Dividends Viz 1 . 

Bama Lingams paid him in full ... 2 9 — 

Aundy D°. 7 — — 

Freight &c Charges 33 5 — 

Arnachelum paid him in part ... 1530 4 — 



1572 18 



Account of what money due to People yiz T . 

Arnachelums 421 18 — 

Interest on D°. from Septemr. the 
1st. 1736 to June the 30^. 1737 
is 10 m°s. @ 9 $ Cent 31 20 20 



Sebramony Acco 1 . 

tie-Monsoon 
Woodandy 
Canavarum 

Interest on Ditto 


lit- 

... 191 27 
... 42 — 
... 2 31 

> • ■ • ■ 4 ■ 


40 

236 22 

... 17 22 


40 
40 


453 

254 

55 

74 


2 

9 

27 


20 


Naga Chitty ... 
Interest on Ditto 


... 51 31 
... 3 31 


40 
40 




Armogon 


Pagodas 


— 




837 


2 


20 



1737 
June 



Pleadings in the Mayor's Court, 1745 27 



Account of Sale of Rubies. 



30. Moakham sold him for 900 — — 

Charges. 

Ball Chitty 32 — — 

Hacashaw or gave to 

poor ... 5 — — 

Charges &c 12 27 — 

The Hoflble Comp 

Custom 31 18 — 

81 9 - 



Net amount 818 27 



Account of 2 b . Dividends Viz 1 '. 
Arnachallum paid him in full ... 453 2 20 
Paid Woodandy on account Subra- 

monie &c ... ... ... ... 254 9 — 

Paid Armogon 74 ■ — — 



781 11 20 
Ballance Remains 37 15 60 



818 27 — 



Account Sale. 

Woodandy Sold him Viz*. 

1 pair Ruby 17 — — 

1 Rubie 10 — — 

1 Ring 8 — — 

Mush 6 — — 

Pegu Dungery ... 6 — — 



47 



Subramont Sold him Viz*. 

1 pair Ruby 10 — — 

11 1 Corge D°. small ... 4 — — 

1 Rubie 3 — — 

1 Ditto 10 — — 

32 — —[sic] 

Received of Candapa Ace*. Ruby. 384 4 60 
Boats Profits 2 10 — 



465 14 60 

The Moneys remain in 2 d . Payments Pag s . ... 37 15 60 



Paid Nagapa Chitty 55 27 — 

Interest on D° — 13 40 



502 30 40 



56 4 40 



Pagodas Remains 446 26 — 



Pagodas 446. 26 your half is Pags. 223 13 — 

Memorandum. 

Goods remains in Subramonies hand Value 
about 60 or 70 Pagodas. 

1745— 4a 



28 



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Pleadings in the Mayor's Court, 1745 33 

Rejotnder General Interrogatories to be administred to such Witnesses as 

shall be produced sworn and Examined in a certain cause 
where in one Subramony is Complainant and Woodundee is 
Defendant in Behalf of the Defendant. 

Imprimis Do you know the parties Complainant and Defendant in this Cause or 
either and which of them and how long have you known them or either and which 
of them Declare. 

To Tonapah Do you know that the Defendant Woodundee went to Pegu to sell 
Goods belonging to the Complainant, Do you know that the Compl*. was to allow 
this Def*. 2/3 ds . of the Profit thereon, was such Profit ever paid or allowed him as 
'$ Agreement. 

Do you know that this Defendant went a second time to Pegu ; if yea, for whose 
account and what was agreed of betwixt the Complainant and Defendant, and say 
if the Defendant has ever received any Profit on his several Sales of the Complain- 
ants Goods at Pegu Declare in whose hands is such accounts and moneys what such 
Goods so sent to Pegu was sold for Declare. 

Item. Do you know or can you say any other matter or thing material for the 
Complainant in this Cause If Yea set forth the same as you know have heard or do 
believe with the reasons of such your Knowledge or Belief Declare. 

Henry Deveil 
Attorney for the Defendant. 

Mayors Court at Between Allagapah Subramoney Compl*. 

Madraspatnam. and 

Chinna Woodundee ... ... Defend*. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Tonapa Merchant of Madras aged 44 years or thereabouts being produced 
as a witness in this Cause on the part of the Defendant, was on the 14 day of May 
1741 shewn at the Office of M r . John Russell Attorney for the Complainant by 
Charles Nero who left a Note of the name Title and place of abode of the said Tona- 
pah and afterwards on the same day being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he has known the 
Compl*. 15 years, and the Defendant 30 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he remembers 
the Defendant went to Pegu to sell Goods account the Complainant and 
that the Complainant was to allow the Defendant two thirds of the Pro- 
fit thereon which according to agreement was paid the Defendant. The 
Deponent saith there was a second voyage Intended to Pegu Between 
the Complainant and Defendant, and that the Complainant was procur- 
ing Goods for the same the Defendant Changing his mind sent this De- 
ponent to the Complain*, to let him know he would not be Concerned in 
the voyage, but as for the Goods which were provided by the Complai- 
nant they should be shared between them according to their proportions, 
and that the Defendant would do with them as he thought proper, the 
Complainant answered this Deponent he had procured Goods proper for 
Pegu & was not willing to share them but if the Defendant was willing 
to proceed the Voyage he should have the Goods Entirely on his own 
account paying the Complainant Principal and Respondentia on so much 
as was the Complainants share of them, the Defendant agreed to the 
same and went to Pegu, but on his return the Complainant took posses- 
sion of what was brought back from Pegue and allowed the Defendant 
no share thereof, The Deponent saith that the moneys and accounts 
belonging to the sev 1 . voyages made Between the Complainant and 
Defendant to Pegu are in the hands of the Complainant and 
further saith not to this or the last Interry. 

Rob t . Sloper Tonapah 

Exam r . 
1745—5 



34 Records of Fort St. George 



Additional Interrogatories to be administred to such Wit- 
nesses as shall be produced sworn and Examined on part of 
the Defendant in a certain Cause wherein One Subramony 
is Complainant and one Pegue Woodundy is Defendant. 

Imprimis Do you know the parties Complainant and Defendant in this Cause or 
either and which of them or how long have you known them or either and which of 
them Declare. 

To Condapah Item Did you carry 400 Pag s . worth of Bonds from the Com- 
plainant to this Defendant, if yea to what Intent was such Bonds Carried to this De- 
fendant and who sent such Bonds, was you Witness to such Bonds Declare. 

Item Do you know or can you say any other matter or thing material for the 
Defendant in this Cause if yea set forth the same as you know have heard or do 
Believe with the reasons of such your knowledge or Belief. 

Henry Deveil 
Attorney for the Defendant. 

Mayors Court at Between Subramoney Complainant 

Madraspatnam. and 

Pegu Woodundee Defendant. 

Depositions of Witnesses taken in this Cause by and before the Examiner in 
this Court as follows. 

Condapah Merchant of 3*. Thoma aged 51 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Defendant was on the 25 th . day of 
May 1741 shewn at the office of M r . John Russell Attorney for the Complainant by 
Charles Nero who left a Note of the Name Title and place of abode of the said Conda- 
pah and afterwards being Sworn and examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 4 years and the Defendant 10 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he this Deponent 
carried by the Complainants order to the Defendant a Bond for the Sum 
of 400 Pagodas and drawn in the name of Arnachelum Chitty and Wit- 
nessed by this Deponent, but on what Account the said Bond was sent 
This Deponent cannot say And further this Deponent saith not to this or 
the last Interrogatory. 

Condapah 
Rob t . Sloper 
Exam r . 

Translate of the Referrees Report concerning the ac- 
counts of Subramoney and Woodundee dated Madraspat- 
nam this 15 th . day of April Anno Domini 1745. 

To THE HONBLE THE MAYORS COURT AT MADRASPATNAM. 

We Trevengada Moodelare, Servanahpulla and Gruanathen Do humbly report 
that We have Inspected the accounts of Subramony and Woodundee delivered to us 
by this Honourable Court but are not capable of making any adjustment thereof un- 
less the parties are present We therefore beg leave to lay before this Honourable 
Court the Accounts as they are stated by Subramoney which follows. 

Subramony first Credits Woodundee for the sum of Pag 8 . 13. 34. 60 then 
debts him for the sum of P s . 323 for the Maintenance of Woodundee & his Family, 
and afterwards deducts from it the said sum of P s . 13. 34. 60 and makes a Ballance 
due to himself of the Sum of Pag 8 . 309. 1. 20. 



Pleadings in the Mayor's Court, 1745 35 

The Following particulars are said to be in the hands of Woodundee but the 
property of both parties Viz*. 

1 Hand Escrutore. 

1 Ditto. 

1 Ditto of Sandall Wood. 

1 Chest. 

1 Case with Bottles. 

6 Chairs. 

1 Cott. 

2 Brass Potts. 

1. Pelon and Black for beating Eice. 

1 Brass Bandage. 

1 Brass Pott. 

1 Stone for a Seal. 

1 Sett of Heads Toys or Milare for a Woman. 

1 pair of Scales and Weights. 

1 Brass Pott with a Cover. 

An Account of Precious stones. 

19 Sapphires. 
10 Eubies. 

1 Sapphior Cutt. 

4 Enmathists. 
16 Small Rubies. 

3 Euby Beads. 

The whole amounting to Pag s . 60 or 70 but not mention whose Possession they 
are in. 

Goods taken up by Vencatapathe at Kespon- 

dentia to the am*, of ' P s . 300 — — 

Premium thereon @ 36 $ Cent ... 108 — — 



Am*, of the Princ 1 . Premium ... 408 — — 
Interest on the sum of P s . 408 for 6 years & 9 M os . at 

the rate of 9 ffi Cent amounts to ... Ps. 247 31 40 



Whole Amount Pagodas. ... 655 31 40 



There is no mention made to whom this Money was paid. 

Translated from a Cadjan said to be the Original as near as it will admitt. 

Joseph Githin 

Exam r . 



Mayors Court at 
Madraspatnam. 



Tuesday the 28 th . day of May A.D. 1745 
Between Woodundee of Madras Merch*. Com- 
plain*. 

and 
Subramoney of the same place also Merchant 
Defendant. 

and 
Between Subramoney of Madras Merchant 

Complt and Woodundee of the same place also 
Merchant Defendant. 



1745— 5A 



36 Records of Fort St. George 



544.—.— 



These Causes coming on this day to be heard and Debated before this Court 
in the presence of the Attorneys on both sides; On hearing the Bill of Woodundee 
with an Account Current thereto annext, The answer of Subramoney, the Replyca- 
tion and Rejoinder the Bill of Subramony, the Answer of Woodundee with Translate 
1216-23- °f a Bond under the hand of Vencataputty dated Sep r . 15. 1736 for P s . 400 thereto 
54 & annext, The Replycation with 2 Accounts thereto annext, The Rejoinder, also the 
Proofs taken in the Cross Cause on the part of the Defendant Woodundee the Com- 
plainant Subramoney not having produced any, an order made in these Causes on 
the 24 th . day of December 1744 another order made in these Causes on the 15 th . 
day of January last past and the Referrees Report in pursuance of the last order 
read, And on Examination had this Court doth therefore think fit to order & Decree 
and doth accordingly order and Decree That the Bills of both Complainants do stand 
Dismissed out of this Court and that the Complainant Woodundee do pay the Costs 
of both suits. 

ff Cue 
Noah Casamajor 

Reg-. 



9 th . April 1745. 

To the Honourable the Mayors Court at Madraspatnam. 
Humbly Complaining Sheweth unto this Honourable Court your Orator Pom- 
bala A'ellapah Merchant of Madras having had Sundry dealing with one Teagapah 
Chitty also of the place aforesaid Merchant He the said Teagah Chitty having Occasion 
for a sum of Money requested the Loan of your Orator who advanced and lent him 
400 Pagodas Current of Madras which in Sterling money of Great Britain account- 



s 



ing each Pagoda 8 amounts to 160£ or thereabouts for securing the repayment of 
which sum with Interest after the rate of 8 ^ Cent ^ annum at or before the 
Expiration of 2 months from the date of the hereinafter mentioned Obligation He 
the said Teagapah did sign to an Obligation written in English Copy of which is as 
follows Viz*. " I promise to pay to Pombala Vellapah the full & just Sum of 400 
" Pagodas Current of Madras together with Interest after the rate of 8 ^ Cent at 
" or before the expiration of two months from the date hereof for value received 
" as Witness my hand in Fort S*. George this 7 day of February 1744/5." 

Teagapah Chitty. 
Signed in our Presence. 
William Dumbleton. 
Two Black Witnesses. 

The time for Payment being Elapsed your Orator hath often in an amicable 
manner Demanded the same from the said Teagapah Chitty But now so it is may it 
piease this Honourable Court the said Teagapah Chitty Wilfully and obstinately 
refuses to give Your Orator any manner of satisfaction your Orator therefore prays 
such General Relief touching the premisses such as to this Honourable Court shall 
appear agreeable to Equity and Good Conscience To the End of the Bill. 

William Dumbleton 
Attorney for the Compl*. 

Mayors Court at 

Madraspatnam. 

Tuesday the 28th day of May Anno Domini 1745 

Between Pombale Vellapah of Madras Mer- 
chant Compl*. 

and 
TeagapaK Chitty of the same place also Mer- 
chant Defendant. 



Pleadings in the Mayor's Court, 1745 37 

On HEARING the Complainants Bill read, and it appearing to this Court that the 
Defendant hath been served with the regular process to answer the Complainants 
Bill but Wilfully & Obstinately refusing so to do, On due Consideration had This 
Court doth therefore think fit to order and Decree and doth accordingly order and 
Decree that the Def*. do pay unto the Complainant the full and just sum of 400 
Pagodas Current of Madras being the Principal money of the Bond on which the 
Plaintiff sues together with such Interest after the rate of 8 '$ Cent ^ annum as 
now is or shall hereafter become due thereon until full payment is made and also 
the Costs of this Suit, the Plaintiff having made Oath to the Truth of his Demand. 

$ Cub 

Noah Casamajor 

tteg'. 



17 th . July 1744. 

To the Honourable the Mayobs Couet at Madbaspatnam. 

Humbly Complaining sheweth to this Honourable Court Your Orator Didde 
Butchenah Merchant residing in Madras That one Colah Eangasoy late of Madras 
But Deceased having in his life time occasion for a Sum of money did apply himself 
to your Orator requesting the Loan thereof Whereupon your Orator did advance 
and Lend unto the said Colah Rangasoy the full and just sum of 270 Pag s . Current 

s 

of Madras which in Sterling money of Great Britain allowing 8 |fJ pagoda amounts 

lb. 

to 108 or thereabouts and for Securing repayment of the said money he the said 
Colah Rangasoy did sign and Give unto Your Orator two several Obligations one 
bearing date the 25 June 1743 the late bearing date 15 th . Sep 1 ". 1743 both of which 
severally Specify that he the said Colah Rangasoy did Mortgage and make over 
unto your orator his Dwelling house & Ground Situate and being in the Weavers 
Street Between the houses of Cahware paukah Welley and Gardealah Venkatardres 
Conts. in Length 82 ffeet and in Breadth 56 fleet as by the Bill of Sale of the said 
house will appear in your Orators Custody and ready to be produced as this Honour- 
able Court shall seem meet. 

And your Orator shews the said Colah Rangosay Did Depart this place and Go 
a Voyage to Sea and the Ship in which he went is lost with all her Crew being founder- 
ed at Sea and since the said Colah Rangosays death there is arrived in this place one 
Vencatashia that calls himself the deceaseds Heir and nearest relation and Claims 
the said house so in Mortgage to your Orator whereupon your Orator demands pay- 
ment of your Orators principal and Interest so lent his Predecessor aforesaid But 
the said Colah Vencatashia refuses to pay your Orator any more than 100 Pag s . 
alledying the deceased borrowed no more of your orator, who is ready to make 
Oath to the contrary and the said Collah Vencataishia's Error in that Belief arises 
from a Mortgage of 9 years past when your orator lent the Deceased 100 Pag s . 
which the deceased paid off in his life Long since and the debt now Contracted since 
is but of Late as by the date of the two Obligations will appear as also the Title Deed 
of the said House in Your Orators Custody But so it is the said Colah Vencatashia 
pretends to have some objections to make which your orators prays he may set forth 
in his answer and by what Title he makes himself Heir to the Deceased's Estate that 
your orator may be safe in the Delivery up of the Title Deeds of the said house. 

To the End thebepobe that the said Collah Vencatashia may upon his Corporal 
oath true and perfect answer make to all and every the matters aforesaid as fully 
and truly as if the same were here again repeated and Interrogated and be decreed to 
pay your Orator his said principal of 270 Pagodas with the Interest due thereon and 
the said Colla Vencatashia may give your orator such further and other relief in the 
premisses as may be agreeable to Equity and good Conscience. 

Henri Df.veu, 
Attorney for the Complainant. 



38 Records of Fort St. George 

25 th . June 1743. 

I Colah Rangosy do hereby acknowledge to have Borrowed and received of 
Diddy Butchenah the sum of 270 Pagodas Current of Madras for Securing the 
repayment of which Sum with Interest at nine ^ Cent .f! Ann on demand I mort- 
gage my house with the Bill of Sale thereof. 

colah bangasoy. 
Witness 

Godapedda Subana. 

Numbe rettumboo. 

drawn by Cullellah Bangiah. 

Translated by a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 

15 th . September 1743 

Whereas heretofore I mortgaged my house to Didde Butchenanah for the sum 
of 270 Pagodas Now I hereby oblige myself to repay the above principal with 
Interest at nine ;|J Cent on the 30 th . of may next, or on default of such payment at 
the Expiration of the time Limitted That the said House shall become his right and 
property for ever in Consideration thereof. 

colah bangasoy. 

Witness 

Goddapedcla Subana. 

Numbe Pettumboo. 

drawn by Callavelah Bangiah. 

Translated by a Cadjan said to be the Original. 

Joseph Githin 
Exam T . 

28 tb . August 1744. 

The Answer of Colah Vencatashia Inhabitant 
of Madras Defendant, to the Bill of Complaint 
of Diddee Butchanah of the same place Com- 
plain*. 

The said Defendant now and at all times hereafter saving and reserving to- 
himself all & all manner of Benefit and advantage of Exception to the manifold 

Errors, Imperfections Incertainties and Untruths in the Complts said Bill contained 
for answer thereunto or unto so much thereof as he this Defendant is advised mate- 
rially doth concern him this Defendant to make answer unto he this Defendant 
Answereth and saith. 

That it is upwards of 10 years since one Latchemah (who was the owner of 
the house set forth in the Bill of Complaint) mortgaged it to one Diddee Eyavare the 
Complainants Brother for Pag 8 . 170 as will more fully appear to this Honourable 
Court by a Translate of an agreement signed by the said Eyavare to the said Latche- 
mah bearing date Febry the 3 d . 1735/6 hereunto annext arid it will also appear, 
that the Ballance then remaining due to the said Diddee Eyavare from the said 
Latchema was no more than Pag 8 . 100 for securing the repayment of which sum the; 
Bill of Sale of the said House was Left in his the said Diddee 's Eyavares hands, and 
this Defendant further saith that since the above Transaction the said Latchema 
delivered sey 1 . Bonds into the hands of the said Diddee Eyavare for him to collect 
the money due on them which was very Considerable, but Diddee Eyavare dying 
the now Complainant possesst himself of all and every the aforesaid Bonds together 
with the Bill of sale of the aforesaid Mortgaged premisses, which he now pretends 
and sets forth in his Bill of Complaint that the same was mortgaged to him by one 



Pleadings in the Mayor's Court, 1745 39 

Colah Eangosay who is said to be the Heir of the said Latchema, a most palpable 
Falsity for this Defendant is the only survive. Heir to the said Latchema as will 
Appear to this Honourable Court by a Certificate attested by several of this Defend- 
ants Cast, and which Certificate is also hereunto annext for the Inspection of this 
Honourable Court. 

And this Defendant further begs leave to Inform this Honourable Court, that 
the said Latchema has been dead upwards of Two years, and a short time before 
her Decease she sent for this Defendant (who is her lawfull Heir) and Delivered 
unto him the Agreement which the Complainants Brother signed as aforesaid, and 
at the same time said to this Defendant that he should pay to the Complainant the 
Sum of 100 Pagodas due to his Brother (who was then dead) with what Interest had 
.accrued thereon, and then for this Defendant to take possession of the aforesaid 
mortgaged house and demand the Bill of Sale thereof as likewise the several Bonds 
which she had Delivered as aforesaid unto Diddee Eyavare the Complainants Brother 
and of which the Complainant was then possessed of, and she the said Latchema 
moreover said to this Defendant, take an account of the rent due to the said house, 
and receive the amount thereof from Diddee Butchena the now Complainant. 

And this Defendant further saith that after the decease of the said Latchema, 
this Defend*, applied himself to the now Compl*. and proposed paying his Demand 
of 100 P s . with such Interest that was then due thereon, upon his delivering to this 
Defendant the aforesaid Mortgaged house and Bill of Sale thereof, As also the 
amount of what rent he had received on account of the said house ; The Complainant 
takes no manner of Notice but Clandestinely and maliciously goes & files a most 
false and Erroneous Bill in this Honourable Court against this Defendant. 

And further this Defendant Begs Leave to represent unto this Honourable 
•Court how far the Inveteracy and malice of the Complainant runs to ruin this Defend- 
ant if possible, and to Screen himself and deprive this Defendant of his Eight and 
property. About 35 Years ago the said Latchema's Husbands Father borrowed from 
one Vallaboo a Noted Dubash a sum of money giving and Signing to a Bond for the 
-same, Some time after the said money was paid, but the Bond by Omission remained 
in Vallaboos Family which the Complainant knowing of did basely stir up to strife 
and persuade the Family of Vallaboo to put the Bond in Execution against this 
Defendant on purpose to Vex this Def*. with a Litiguous suit. 

And to Conclude this Defendant says that he has ever been willing and often 
Invited the Complainant to come to Amicable Terms, which he relinguishes, but 
for further Satisfaction to both parties as well as to this Honourable Court, this 
Defendant humbly prays this Honble Court, would refer this Affair to Eeferrees that 
they may Give in their opinion and Eeport thereof to this Honourable Court. 

All Which matters and things this Defendant is ready to aver maintain and 
prove as this Honourable Court shall award and humbly prays to be hence Dismissed 
with his reasonable Costs and Charges in this behalf most Wrongfully sustained. 

William Dumbleton 
Attorney for the Y)ef. 
February 3 d 1735/6. 

Whereas heretofore Colah Latchimah Mortgaged her house to me with the 
Bill of Sale for Pagodas 170 the Interest thereon to the present date being Pagodas 
.23 the whole amounting to Pagodas 193 Now having paid me in part P s . 40 and more 
P s . 53 which I allowed her being deducted there remains due to me Pagodas 100 
for the payment of which Sum she has now given me a fresh Bond which sum of 
Pag 8 . 100, I hereby Declare to be the full amount of her Debt to me from the date 
iiereof. 



Drawn and signed by 
Diddee Iyavaro. 



Translated from a paper writing said 
to be the Original. 

Joseph Githin 

Exam*. 



40 Records of Fort St. George 

18 tt . September 1744. 

The Beplycation of Deddee Butchena to the 
answer of Colah Vencatashia. 

This Eeplyant saving and reserving to himself all manner of benefit and Advan- 
tage of Exception to the many Errors, untruths, uncertainties & imperfections in 
the said Answer contained for replycation thereto saith that since the Defendant 
has taken a great deal of pain to set forth the Transactions relating to the House 
now under Suit, This Eeplyant, tho' he thinks it almost needless will Explain the 
matter more fully, and rectify the mistakes made therein by the Defendant. 

On the 18 th . of May 1728 one Nursoo Letchimas husbands Father together 
with Colah Eangasoy did Jointly Mortgage the house under suit, to Poncala Kistna 
deceased for P s . 100 as will Appear by the said Mortgage Bond hereunto annext; 
In the Year 1734 Nersoo [sic'] being dead, the said Lelchema and Colah Bamgosoy 
applied themselves to Diddee Eyavar this Eepliants brother and desired him to pay 
a Sum of money towards dischaiging the said mortgage, offering at the same time to 
mortgage the same to him. hereupon this Eepliants said Brother paid Pagodas 150 
towards redeeming the same for securing the repayment of which the said Letchima 
and Colah Eangosay agreeable to their promise Mortgaged the said house to this 
Eepliants said Brother by a Writing bearing date the 5 th . of May in the year afore- 
said, as will also more fully appear by a Translate hereunto annext. The Defend- 
ant pretends in his Answer, that the premisses were mortgaged to this Eeplyants 
said Brother by Letchema only, which is intirely false. 

This Eeplyant further saith, that on the 3 d . of February 1735/6 the Accounts 
beino settled between this Eeplyant said Brother on the one part, and Letchima 
and Colah Eangosay on the other part, there appeared a Ballance of Pag s . 100 in 
this Eepliants said Brother favour. Upon which The agreement which the Defendant 
has annext to his answer was drawn and signed by this Eeplyants said Brother in 
the name of Letchema only, but to overthrow the advantage of the Defendant takes 
of this, on the very same day both Letchemah and Colah Eangosay did Jointly sign 
a fresh mortgage Bond of the premisses to this Eeplyants said Brother for the said 
Ballance of 100 P s . the Translate of which mortgage Bond is likewise hereunto 
annexed. 

Soon after the said Letchamah and Colah Eangosay had mortgaged the said 

house to this Eeplyants Bro r . for P s . 100 on the 3 of Febry 1735/6 as aforesaid 
they delivered the said house to the care of this Eeplyants said Brother desiring 
him to receive the rent thereof @ f Pagodas fJ month from a Guzaratt Merchant 
having lived two years in the house left it on pretence that the rent was too high, 
after which this Eeplyants Brother thro' his own Endeavours got Tenants for it, 
and repaired it, some time after this, this Eeplyants said Brother departed this life, 
and the said Letchema died soon after, of which when this Eepliant was informed, 
hs wrote to Colah Eangasoy then at Metchlepatam to come hither and settle acco ts . 
relating to said house with this repliant the said Colah Eangasoy came accordingly 
last year and adjusted the said accounts in manner following. 

Cash lent on mortgage of the house P. 100 — — 

Interest on Ditto ... ... ... ... ... 81 — — 

Cash paid Company for Quit Pent ... 16 — — 

Eepairs .■ 26 35 30 



223 35 30 
House Eent received as <$ account particulars ... 142 — — 



Pagodas ... 81 35 30 



Accounts being thus settled the said Colah Bano'asoy requested this Eeplvant to 
lend him a fur r . sum of money, offering to give him another Mortgage Bond where- 
upon this Eeplyant lent him the sum of Pa s . ]88. 3. 30 which added to the 
aforesaid Ballance makes the sum of Pag s . 270 and for this Sum he signed the Bond 



Pleadings in the Mayor's Court, 1745 41 

which is now under Suit This Eeplyant desired at the same time to return the agree- 
ment or writing which his said Brother had signed to Letchima only as aforesaid, 
he said he had left it at Metchlepatam, but declared the same to be Void, and added 
that he returned from thence he would bring it and deliver it to this Eeplyant, but 
now the said Colah Eangasoy is dead the same has fallen into the hands of the 
Defendant who would take advantage of it, and in his answer has advanced several 
falsehoods, as that Letchema put several Bonds into this Eeplyants Brothers hands 
in order for him to collect the money due on them and that this Eepliant perswaded 
Vallaboos Family to prosecute the Defendant in this Honourable Court. 

This Eeplyant begs Leave to observe, that if Colah Bangosay had no right or 
property in the said house, as the Defendant pretends he had not, he would never 
have signed the Mortgage Bonds aforesaid, Neither would Letchema or her husbands 
Father have taken him for a partner in signing them nor it can be Imagined that he 
would come from Metchlepatam to settle accounts with this Eeplyant, the Ballance 
of which this Eeplyant might have demanded of him and obliged him to pay. All 
these Considerations this Eepliant humbly conceives shew the pretence of the Def*. 
to be Idle and Groundless. 

This Eeplyant therefore prays that either the Terms of the said Agreement 
given him in Septem 1 ". last by Colah Eangasoy may be complied with, Namely to 
deliver the said house to him, or that the Defendant may be obliged to pay him the 
principal & Interest due to him on that account. 

And this Eeplyant saith as in and by his said Bill he hath already saith and doth 
and will Averr maintain and prove all and every thing and things therein Contained 
to be true and certain as the same are therein alledged and expressed. 

Henry Deveil 
Attorney for the Repliant. 

Know all Men by these presents that we Narsoo and Eangasa for and in Cons 11 , 
of the Sum of 100 P s . to us in hand paid by Poncala Kistna at or before the Sealing 
and delivery hereof which Sum we do hereby acknowledge to have received Have 
Mortgaged Assigned and made over and by these presents Do Mortgage Assign and 
make over unto the said Poncala Kistna All thai one house and Ground in the Weavers 
street between the houses of Casware Paupah welly, and Gardedealah Venkatardes 
conts. in Length 82 feet and in breadth 26 feet To" have and to hold the above said 
house and Ground unto him the said Poncala Kistnah his Heirs & assigns for ever. 
Provided the said Narsoo and Eangasia their Heirs or assigns shall well and truly 
pay to or cause to be paid unto the said Poncala Kistnah his Heirs or assigns the 
full and just sum of 100 Pagodas together with the Interest at the rate of 8 if) Cent 
|? Annum at or before the Space of nine month from the date hereof then this 
Obligation to be void and of no Effect else to be and remain in full force and virtue In 
Witness whereof we have hereunto set our hands and seals in Fort S* George this 
18 th . day of May Anno Domini 1728. 

Eegistred the 18™. Mat 1728. Signed in Gentue Character. 
'$ John Stratton Narstt. 

R e 9 r - Eangasia. 

May 5 th . 1734. 

We Colah Latchimama and Colah Eangasia do hereby acknowledge to have 
Jointly Borrowed and received of Didde Iyavarro the sum of One hundred and ffifty 
Pagodas Current of Madras for Securing the repayment of which Sum with Interest 
at Nine $ Cent on demand We mortgage our house with the Bill of Sale thereof . 
Witness Colah Latchima's Mark + 

Strema Drungum. Colah Eangasia. 

Oshern Doss of Guzarat. 
drawn by Cullevala Padmanabundoo. 
Translated from a Cadjan said to be the Original. 

Joseph Githin 

lixam r . .■ ;■ 

1745—6 



42 Records of Fort St. George 



We Colah Latchimah and Colah Eangasai do hereby acknowledge to have 
Borrowed and received of Didde Iyavaroo the sum of 100 Pagodas Current of Madras 
for Securing the repayment of which sum with Interest at nine ^ Cent on demand 
We Jointly Mortgage our house with the Bill of Sale thereof. 

Colah Latchimah' s Mark + 
Calah Rangasia. 
Witness 
Strema Drungum. 
Oshern Doss of Guzaratt. 
drawn by Cullevala Padmanabundoo. 
Translated from a Cadjan said to be the Original. 

Joseph Githin 
Examiner. 



13 th . Novem r . 



The Rejoinder of Colla Vencatashia to the Repli- 
cation of Diddee Butchena. 



This Defendant Saving and reserving to himself now and at all times hereafter 
all manner of Benefit and advantage of Exception to the many Errors and Imper- 
fections in the said Replication contained saith, that this Defendant answer is In- 
sufficient in the Law to be replied unto and this Defendant further saith, that he is 
surprized to find the first mortg 6 . Bond annext to the Bill said to be drawn in the 
year 1718 and registred in the year 1728 to be signed by Collah Rangasoy, because 
in the year 1718 the said Collah Rangasoy was a little Child as this Defendant can 
prove. 

As for the other mortgage Bonds annext to the Bill, Letchma at the desire of 
Diddee Iyavaro the Repliants Brother as this Defendant has been Informed, this 
Defend*, not being then in this place, got Collah Rangosoy to sign the said Bonds 
with her, according to the known Custom in all these parts for a Woman not to 
sign alone but upon her Supposed incapacity of acting with Judgement in such 
matters and to prevent the Hazard of being Imposed upon, to get some man to sign 
along with her. But though Rangasoy signed the Bonds, his signing gave him no 
manner of right to the house, as fully appears by a Certificate under the hands of 
the Deft s . Cast, annext to his Answer; At the Death of Letchima, this Def*. came 
to Madras with an Agreement which the Repliants Brother signed to Letchima who 

deled it to this Defendant as it is at large set forth in this Defendants Answer, and 
then this Defendant applied to the Repliant and shewed the same to him desiring 
him to settle Accounts and receive his principal and Interest due on his mortgage 
and Deliver up the said house, accounting for the amount of the rent thereof, But 
the Replyant slighted this Defendants reasonable request, designing some Fraud 
in the matter by the assistance of Ramgasoy; who came from Metchlepatam with 
this Defendant, but this Defendant knowing the Repliants bad Intentions, did pub- 
lickly and in the presence of several persons tell the Repliant, that this Defendant 
was the sole proprietor of the said house ; and that he had the agreement signed by 
his Brother Diddee Iyavaro, & that Rangasoy had no right at all to it, and that 
this Defendant would make full proof thereof before the Cast and after this Defend- 
ant had said all this he strictly forbid the Replaynts having any manner of con- 
cern with Rangasoy touching the said house, This was done in the Beginning of 
August 1743 but the pretended Mortgage Bond as the date thereof shews was at 
the latter End of that month or several days after this Defendant had given the 
aforesaid warning. Here this Defendant humbly asks, since this Defendant shew- 
ed his Just Title to the said house as afores d . and told the Replyant that the said 
Rangasoy had not the least right to i\; how could the Replyant settle accounts with 
him, as he pretends he did, or lend him any further sum of money, since he knew 
that he must loose it in Consequence of this Defendants Sole right & property in 
the said house. 



Pleadings in the Mayor's Court, 1745 43 

This Defendant therefore most humbly prays this Hofible Court to oblige the 
Eepliant to settle accounts concerning the said house with this Defendant, and to 
deliver up the said house on receiving from this Defendant Pagodas 100 & the Inter- 
est due thereon together with the Agreement signed by the Beplyants Brother as 
aforesaid, and now in this Defendants hands or otherwise to order the matter to 
Eofcrrees, as this Defendant prayed in his answer and to Oblige the Eeplyant to 
deliver up all the Bonds which Letchma put into the hands of the Eeplyant Brother. 

And this Defendant further saith as in and by his said Answer he hath already 
said and doth and will averr maintain and prove all and every thing and things there- 
in contained to be true and certain as the same are therein alledged and Expressed. 

William Dumbleton 
Attorney for the Defendant. 

Interrogatories to be administred to such Witnesses as 
shall be produced sworn and examined on part of the Com- 
plainant in a certain Cause wherein one Diddee Butchenah 
is Complainant and one Colah Vencatashia is Defendant. 
To all the Witnesses Imprimis do you know the parties Complain 1 , and De- 
fendants in this Cause, or either and which of them, and how long have you known 
them, or either and which of them Declare. 

2 d . To Sadualla Eangiah Vendarazaloo, Jangamiah Kistnama & Eyrsapah Item 
Do you know the two Cadjans now shewn you at the time of your Examination 
marked HD, if yea do you know how these two Cadjans arose, and from what ac- 
counts, and how is the account made out, & after what manner was the account 
Closed, was it by Consent of the parties & who were the parties that signed to this 
Bond Declare. 

Do you know the lawfull Heir to Latchimah deceased, who performed her fune- 
ral Ceremonys who Enjoyed her Effects, who acted for her in her Life time, Say all 
you know of the present affair, between the Complainant and Defendant. 

3 d . To Pettumboo and Gooda Subbanah Item. Do you know the Cadjans (or 
either of them) now shewn you at the time of your examination marked HD are 
your names or either of them signed thereto as Witnesses. If yea, do you know 
what money was paid on account of the said Bonds and what passed between the 
parties at the time of your Witnessing these Bonds, did you ask if all parties was 
satisfied and what Answer was made, and by whom Declare. 

4 th . Item Do you know or can you say any other matter or thing for the Com- 
plainant in this Cause, if yea set forth the same as you know, heard, or do Believe 
with the reasons of such your knowledge or Belief Declare. 

Henry Deveil 
AW. for the Comvl*. 

Mayors Court at Between Diddee Butchenah Complainant 

Madraspatnam. and 

Cola Vencatashia Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Sadualla Eangiah of Madras Schoolmaster aged 32 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant was on the 21 st . 
day of Novern 1 ". 1744 shewn at the Office of M r . W m . Dumbleton Attorney for the 
Defendant by Connecapah who left a Note of the name Title and place of abode of 
the said Sadualla Eangiah and afterwards on the same day being Sworn and Examin- 
ed Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith That he knows the Com- 
plainant and hath so known him 23 years or thereabouts but hath no knowledge of 
the Defendant. 

1745— 6a 



44 Records of Fort St. George 

2 d . To the second Interrogatory this Deponent saith that he drew the Writ- 
ings on the Cadjans now produced and shewn him marked HD N°. 4 and 5 but knows 
not from what accounts they arose or how any. such accounts were made out, That 
the Complainant and Eangasoy came to this Deponent and both requested of him to 
draw the Bond and Agreement on the above Cadjans and lhat Eangasoy signed them 
both after they were drawn. This Deponent further saith that the said Eangasoy 
is lawfull Heir to Latchima deceased but knows not who performed her funeral 
Ceremonys. That the said Eangasoy acted for her during her life time and Enjoyed 
her Effects after her Decease and more saith not to this or the last Interrogatory. 

Eangiah. 

•IoSEPH GlTHIN 

Exam r . 

Veerdarazaloo of Madras Coal Merchant aged 40 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Compl*. 15 years and the Defendant 2 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he hath no knowl- 
edge of the Cadjan now shewn him marked HD N°. 4. But knows the Cad] an ai the 
same time shewn him marked HD N°. 5 That it is an Agreement Concerning the 
payment of a Bond conts. a Mortgage of an house for 270 Pag s . which Mortgage 
arose from Accounts between the Complainant and Colah Eangasoy the particulars 
of which are as follows Viz*. The Complainant had formerly Lent the said Colah 
Eangasoy an 100 P s . the Interest thereon To the time of settling the accounts last 
year appeared to be SI Pag 8 , to these was added 16 Pa s . which the Complainant had 
paid for the Quit rent of the said Eangasoys house as also 26. 30. 30 paid for the 
repairs of the said house so that the whole amounted to 223. 30. 30 due 1o the 
Complainant out of which was deducted 142 Pag s . the Complainant having received 
that Sum for the rent of the said house the Ballance therefore remained only 81. 30. 30 
in favour of the Complainant Now since which Ballance the said Eangasoy having 
received Goods and money to the amount of 188. 5. 50 the. debt Increased again 
to 270 Pagodas for the payment of which the said Eangasoy gave a Bond as above, 
which he signed, This Deponent further saith he knows not who is Lawfull Heir to 
Latchima deceased or who performed her funeral Ceremonies That he knows the 
above Eangasoy acted for the said Latchema, while Living and Enjoyed her Effects 
after her decease and more saith not to this or the last Interrogatory. 

Veeradarazaloo . 
Joseph Githin 

Exam r . 

Jangamiah of Madras Petty Merchant aged 60 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 15 years but hath no knowledge of the Defendant. 

2 d . To the second Interrogatory this Deponent saith that he has no knowl- 
edge] of the two Cadjans now shewn him at this his Examination marked HD N°. 4 
& 5 nor can he say from what accounts he arose, how any such Accounts are to 
be made out relating thereto That he knows Colah Eangasoy is Heir to Latchima 
deceased and Enjoyed her Effects afterwards but knows not who preformed her 
funeral Ceremonies that the said Colah Eangasoy managed her Affairs during her 
Lifetime and more saith not to this or the last Interrogatory. 

The mark of Jangajuah. 
Joseph Githin. 

Exam r . 



Pleadings in the Mayor s Court, 1745 45 



Kistnama of Madras Weaver aged 30 years or thereabouts being produced as 
a Witness in this Cause on the part of the Complainant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 10 years and the Defendant he hath known 8 years or thereabouts. 

2 d . To the 2 d . Interrogatory this Deponent saith that he knows not the Cad- 
jans now shewn him marked HD or can say ought concerning the same That he knows 
Colah Eangasoy is Heir to Latchema deceased, acted for her while Living and En- 
joyed her Effects after her decease but knows not who performed her funeral Cere- 
monies or can further say to this or the last Interrogatory. 

The mark of Eisxnama. 
Joseph Githin 

Exarn r . 

Eyrsapah of Madras Conicoply aged 54 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterwards being 
sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the Compl*. 
and hath so known him 30 years but hath no Knowledge of the Defendant. 

2 d . To the second Interrogatory this Deponent saith that he has no knowl- 
edge of the two Cadjans shewn him at this his Examination marked HD N°. 4 & 5 
or ought concerning the accounts they may have arisen from that he knows Ranga- 
soy is Heir to Latchema deceased that he acted for her during her Life time and 
Enjoyed her Effects but cannot say who performed her funeral Ceremonies or ought 
further to this or the last Interrogatory. 

Ik SAP AH. 

Joseph Githin 

Exam r . 

Pettumboo of Madras Minter aged 46 years or thereabouts being Produced as 
a Witness in this Cause on the part of the Complainant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 15 years or thereabouts but hath no knowledge of the Defendant. 

Third. To the third Interrogatory this Deponent saith that he knows the 
Cadjans now shewn him at this his Examination marked HD N°. 4 and 5 and that 
his name is signed as a Witness to both of them He further saith that he did not 
see any money paid on account of the said Cadjans That Eangasoy acknowledged 
he had received the Contents and together with the Complainant desired one Gooda 
Subanah and this Deponent to sign as Witness to the above Cadjans and more saith 
not to this or the last Interrogatory. 

Pettumboo. 
Joseph Githin 

Exam r . 

Gooda Subanah of Madras Merchant aged 34 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st To the first Interrogatory this Deponent saith that he hath known the 
Complainant 20 years or thereabouts but hath no knowledge of the Defendant. 

3 d . To the 3 d . Interrogatory this Deponent saith that the two Cadjans now 
produced and shewn him marked HD N G . 4 and 5 and Signed as a Witness to both 
of them, That he saw no money paid but on this Depon te . asking if they were both 
satisfied. Rangasoy acknowledged that he had received the Contents' of the said 
Cadjans and more saith not to this or the last Interrogatory. 

Gooda Subanah. 
Joseph Githin 

Exam r . 



46 Records of Fort St. George 



Interrogatories to be administred to such Witnesses as 
shall be produced sworn and Examined on the part and Be- 
half of the Defendant in a certain Cause wherein one Didde 
Butchenah is Complainant and one Colare Vencatashia is 
Defendant. 

To all the Witnesses Imprimis Do you know the parties Complainant and 
Defendant in this Cause (If Yea) how long have you known them or either and which 
of them Declare. 

To Vadjeral Vencattee Eamadue and Chitture Juggoo Item Do you remember 
ever to have seen the two Contending parties together (if yea) did they seem in Amity 
with each other, what Topic did they discourse upon, do you remember either party 
to have made any mention of a house (if yea) what house was so mentioned, whose 
property is said house, and what further past, at that time or any other relating to 
the present dispute what time was this Meeting of the Contending parties Declare. 

To Vittere Gontue Paupiah Item Do you remember to have seen in the hands 
of one of the Contending parties an Agreement given to Colare Latchema (if Yea) 
what was the Contents of such Agreement, whose hands did you see it in, and how 
long ago is it since you saw it Declare. 

To Alladu Chinnamuntue and Siden Eaganaiachu Item When did Colare Narsue 
Dye Declare. 

To all the Witnesses Item Do you know or can you say any other matter or 
thing material for the Defendant in this Cause If yea setforth the same as you know 
have heard or do Believe with the reasons of your knowledge and Belief Declare. 

William Dumbleton 

Attorney for the Defendant. 

Mayors Court at 
Madraspatnam. 

Between Diddee Butchena Complainant 
and 
Colare Vencatashai Defendant. 

Depositions of Witnesses in this Cause taken by and before the Exam r . in this 
Court as follows. 

Vadjeral Vencatee Eamadue of Metchlepatam Braminy aged 36 years or 
thereabouts being produced as a Witness in this Cause on the part of the Defendant 
was on the 12 th . day of January 1744 Shewn at the Office of M r . Henry Deveil Attor- 
ney for the Complainant who left a Note of the name Title and place of abode of 
the said Vadjeral Vencaty Eamadue and afterwards being sworn and Examined De- 
poseth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant H year & the Defendant 16 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he remembers to have 
Seen the contending parties together about 16 months past, when they seemed to 
be in Amity with each other That the Topick they entred upon was concerning an 
house lately bels. to Colare Latchema and now the Defendants property Ue further 
.saith that the Defendant desired the Complainant to settle Accounts thereon, who 
replied That one Soy also Claimed a right therein, and that he therefore could make 
no answer to his request, till he the Defendant and the said Soy had made it appear 
to which of them the Title of the said house belonged That the Defendant then 
desired it might be referred to the Cast to whose determination he would Submitt 
and at the same time shewed the Complainant an Obligation that was given to Colare 
Latchima by Diddee Iyavaroo and ordered him not supply Soy further with money 
till it was determined whose property the house was and* more saith not to this or 
the last Interrogatory. 

Vadjeral Vencaty Eamudu. 
Joseph Githin 

Exam r . 



Pleadings in the Mayor's Court, 1745 47 



Chitture Juggoo Farmer near Metchlepatam aged 52 years or thereabouts be- 
ing produced as a Witness in this Cause on the part of the Defendant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant about a year and an half and the Defendant he hath known 24 years or 
thereabouts. 

2 d . To the second this Deponent saith that he remembers to have seen the 
Contending parties together in amity about 16 months that the Defend*, then desired 
the accounts relating to Colare Latchmahs house might be settled and at the same 
time shewed the Complainant a Paper which his the Complainants Brother had given 
the said Cola Latchima concerning the same, to which the Complainant made no 
other reply than that he had no knowledge of the Defendant, He further saith that 
the house is now the Defendants property and that he then ordered the Complainant 
not to give one Soy any more money on account thereof and more saith not to this 
or the last Interrogatory. 

Chitture Juggoo. 
Joseph Githin 

Exam T . 

Vitture Gontue Paupiah of Madras Braminy aged 23 y rs . or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 10 years and the Defendant one year or thereabouts. 

3 d . To the third Interrogatory this Deponent saith that he remembers to 
have seen in the Defendants hands, an agreement given to Colare Latchima about 16 
months ago That he at the same time heard the agreement read But cannot at this 
Juncture remember the Contents hereof, and more saith not to this or the last Inter- 
rogatory. 

Vitture Gontue Paupiah. 
Joseph Githin 

Exam r . 

Alladu Annamontu of Madras Petty Merchant aged 70 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendant and after- 
wards, being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 20 years and the Defendant one year or thereabouts. 

4 th . To the 4 th . Interrogatory this Deponent saith that it is twenty years or 
thcreab te . since Coloo Nursoo died and more saith not to this or the last Interroga- 
tory. 

Annamontu. 
Joseph Githin 

Exam r . 

Sidem Eadaniacoloo of Madras Peon aged 70 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Defend*, and afterwards & being 
Sworn and Examined Deposeth as follows. c 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complain*. 20 years and the Defendant 6 Months or thereabouts. 

4 th . To the fourth Interrogatory this Deponent saith that Colu Narsue died 
about 20 years ago and more saith not to this or the last Interrogatory. 

The mark of Eaganiacloo. 
Joseph Githin 

ExamT. 



48 Records of Fort St. George 



Mayors Court at Friday the 31 st . day of May Anno Domini 174.8. 

Madraspatnam. Between Diddee Butchena of Madras Merchant 

Complainant 
and 
Colla Vencatashia of the same place Inhabitant 
Deft. 

This Cause coming on this day to be heard and debated before this Court in 
the presence of the Defendant and of the Attorneys on both sides. On hearing the 
Complainants Bill with Translates of a Cadjan Mortgage Bond dated the 25 June 
1743 for Pagodas 270 and of an assigmm". dated the 15 th . September 1743 for Pago- 
das thereto annext, The Defendants answer with Translate of a Declaration dated 
the 3 d . day of February 1735/6 thereto annext, the Replycation with a mortgage 
Bond in English dated the 18 th . May 1728 for Pagodas 100 and Translate of two 
Cadjan mortgage Bonds dated the 5 th . May 1734 for Pagodas 150 and the 3 February 
1 735/6 for Pagodas 100 thereto annext, the Rejoinder also the Proofs taken in this 
Cause read, And on Examination of the matters in this Cause, what was alledged on 
either, and due Consideration had thereon. This Court doth therefore think fit to 
order and decree and doth accordingly order and Decree that the Defendant do pay 
unto the Complainant the full and just sum of 270 Pagodas Current of Madras being 
the principal money of the first above mentioned bond ; together with such Interest 
after the rate of 8 ^ Cent $ Annum as now is or shall hereafter become due there- 
on until full payment is made and also the Costs of this Suit and in default of pay- 
ment at or before 21 days from the date hereof that the mortgaged premises be sold, 
and the money arising from Sale paid to the Complainant in and towards the dis- 
charge of his said Debt and Costs. 

If Cur 
Noah Casamajob 

Reg r - 

30 th , April 1745. To the Honourable The Mayors Court at 

Madraspatnam. 

Humbly Complaining sheweth unto this Honourable Court your Orator Colah 
Bassava Chittee Merchant and Inhabitant of and now living and residing in Madras 
having had Sundry Dealings with one Chittereapah also Merchant of and now Living 
and resideing within the place aforesaid He the said Chittereapah having Occasion 
for a Sum of money did apply himself to your Orator requesting the Loan thereof 
whereupon your Orator did advance and lend unto the said Chittereapah the full 
and just sum of 170 Pagodas Current money of Madras which in Sterling money of 

s. lb. 

Great Britain accounting each Pagoda 8 amounts to 68 or thereabouts for Securing 
the repayment of which Sum with Interest accruing thereon after the rate of 8 *$ 
Cent $ Annum on demand He the said Chittereapah did make sign and Deliver unto 
your Orator one Cadjan Bond Note or Writing Obligatory bearing date in Fort S*. 
George the 16 th . day of May which was in the year of our Lord 1743 as will appear 
!f! Translate of said Bond for the Inspection of this Honourable Court hereunto 
annexed to which your orator most humbly referrs and prays the same may be admit- 
ted as part of this your Orators Bill of Complaint the Original being in your Orators 
Custody ready to be produced as this Honourable Court shall please to direct and 
your orator further shews that your Orator hath often and that in the most amicable 
manner demanded payment of the beforementioned Sum with Interest from him the 
said Chittereapah. 

But now so it is may it please this Honourable Court the said Chittereapah Wil- 
fully and Obstinately refuses to give your Orator any manner of satisfaction your 
Orator therefore prays a General Relief touching the premes such as to this Honour- 
able Court shall appear agreeable to Equity and good Conscience Is the End of the 
Bill. 

William Dumbleton 
Attorney for the Complainant. 



Pleadings in the Mayor's Court, 1745 49 



16 May 1743. 

I Chittereapah do hereby acknowledge to have Borrowed and received of Colah 
Bussava Chitty the sum of 170 Pag s . Current of Madras which sum I promise to pay 
on the sixth of June and on default of such payment the said sum is to run at Interest 
at 9 j^) Cent and become payable on demand. 

drawn and signed by 

Chittereapah 

Witness 

Attaputtee Comorapah Chitty. 

Colah Singanah. 

Translated from a Cadjan said to be the Original 

Joseph Githin 

Exam r 

Mayors Court at 
Madraspatnam. 

Tuesday the 4 th . day of June Anno Domini 1745. 
Between Colah Bussava Chitty of Madras Mer- 
chant Complainant 

and 
Chittereapah of the same place also Merchant 
Defendant. 

On hearing the Complainants Bill with Translate of a Cadjan bond, under the 
Defendants hand dated the 16 may 1743 for P s . 170 thereto annext read and it 
appearing to this Court that the Defendant hath been served with the Regular Pro- 
cess to answer the Complainants Bill but Wilfully and obstinately refusing so to do, 
on due Consideration had This Court doth therefore think fit to order and Decree 
and doth accordingly Order and Decree That the Complainant [sic~\ do pay unto the 
Complainant the full & Just Sum of 170 Pagodas Current of Madras Together with 
Interest after the rate of 8 ^ Cent f? Annum as now is or shall hereafter become due 
thereon until full payment is made and also the Costs of this Suit The Plaintiff first 
making Oath to the Truth of his Demand. 

;$ Cur 

Noah Casamajor 

Reg*. 



*■& 



2 d . Oct 1 ". 1744 



To the Honble the Mayors Court at Madras- 
patnam. 



Humbly Complaining sheweth unto this Honourable Court your Orator Coja 
Pogose de Cauchick Armenian Merchant now being & residing in Madras having 
had divers and sundry Dealings with one Coja Murzam de Muckerton also Armenian ; 
at present residing in Madras and having great Confidence in the Integrity of the 
said Coja Murzam de Muckerton, your orator did during his stay at Metchlepatam, 
employ him to provide your orator divers Goods, as 1$ Account particulars here- 
unto annext will more fully appear, and to which intent and purpose your orator 
did advance him when at that place divers sums of money as by the said Account 
will also appear, but notwithstanding the Trust your orator reposed in him the said 
Muckertoom, did at divers times provide and send your orator his Goods always 
worse than other peoples by 10 $ Cent and the price greater than others by as much 
;$ Cent comparing your orators Goods with others of the same sort from the same 
1745—7 



50 Records oj Fort St. George 



place, and which if your orator was to be strict would make a difference in account, 
of almost 20 fJ Cent but by a moderate Calculation in the most friendly manner 
there is at least 10 f? C*. arises in the badness of the Goods and overcharge of the 
Price, which he the said Huckertoom will not allow your orator besides 5 i^j? Cent 
Commission which he Charges Your Orator, which your Orator denies To admit of 
by reason your orator did in the year 1739 purchase without Commission for the 
said Muckertoom 2180 Pag s . Worth of Goods in this place, and did sell the same 
for him in Manilla besides others sent therewith to the amount of 4700 Dollars in 
Consideration of which Friendly Term he promised to supply your orator with so 
many Goods at Metchlepatam on the same Friendly Terms, but Contrary to such 
his promise he now Charges Commission which your Orator refuses Unless he also 
allows Commission for what your Orator sold aforementioned. 

These Differences in a Course of a Long Account, in large Sums of money 
makes the Ballance of Accounts betwixt us very unequal and to adjust which your 
orator has frequently in a most friendly manner desired to referr the said accounts 
to 4 of your Orators Nation even Indifferently Chosen by himself. But he will 
neither go to Arbitration without Compulsion, nor pay your orator his Ballance 
which in all Appearance must be on or about the sum of 1690 Pagod s . Curr*. of 

s. 

Madras which in Sterling money of Great Britain allowing each Pagoda 8 amounts 
to 666£ or thereabouts and your orator shews the said Muckertoom has shifted 
accounts off till he is within a day or two of his departure to Metchlepatam, where 
he is now making ready for, without giving your orator any manner of satisfaction 
tho' all your Orator desires is only to allow him, according to his own Books, which 
shews his disbursements but he pretends to have no Books at all and at least will 
produce none, tho' your orator is very well persuaded No Armenian Lives and 
Trades without Books, wherefore your orator prays the said Muckertoom may be 
Compelled to make Choice of Eeferrees, after what manner so ever shall seem most 
meet to this Honourable Court, for your orator is Tired out with making daily 
applycations to the said Muckertoom without Effect. 

To the End therefore that the said Coja Meerzam de Muckertoom may upon 
his Corporal Oath true and perfect answer make to all and every the matters afore- 
said as fully truly and Effectually to all Intents & purposes as if the same was here 
again repeated and Interrogated & be Decreed to pay your orator such Ballance as 
shall appear to be due with Interest thereon after the rate of 8 ! ^ cent i^|J Annum 
from the time any Sums became due and that your orator may have such further 
and other Relief in the premises as may be agreeable to Equity and good Conscience. 

Henry Deveil 
Attorney for the Complainant. 



Pleadings in the Mayor's Court, 1745 



51 








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Pleadings in the Mayor's Court, 1745 53 



23 October 1744. The answer of Coja Mirza de Muckertoom of 

Madras Merchant Defendant to the Bill of Com- 
plaint of Coja Pagose de Cauchick of the same 
place Merchant Complainant. 
This Defendant saving and reserving to himself now and at all times hereafter 
all manner of exception to the many Errors Uncertainties untruths and Imperfec- 
tions in the said Bill Contained for answer thereunto or to so much thereof as this 
Defendant is advised materially concerns him to make answer unto He this Defendant 
answereth and saith that he admits the Complainant did Employ this Defendant to 
provide Paintings as is set forth in the Bill of Complaint. This Defendant admits 
Likewise that the Complainant advanced him sev 1 . sums of money to that End as 
! 1P account hereunto annext will appear, He also saith that the Complain 1 , sent a 
parcel of Cloth to him at Metchlepatam to be painted which together with the Goods 
this Defendant provided he Sent to the Complainant with the Account Current here- 
unto annext The Ballance of which acco*. in the Complainants favour was Madras 



arm 



Pa s . 207. 5^ which Ballance the Compl*. requested this Defendant to write to Coja 
Mall to pay, as he Coja Mall was Indebted to this Defendant and to Debt his the 
Compl ts . Account for the same, as $ Translate hereunto annext marked A This 
Defendant Accordingly did so, as will likewise appear by another Translate marked B 
also hereunto annext, whereby he humbly Conceives he after such Transferr was 
not or is, any way answerable for the same the account thereby being Closed and 
approved of by the Complainant as fully appears by the said Translate marked B 
nor can this Defendant see and humbly hopes this Honourable Court will think so 
to, what the Complainant can want with this Defendants Books which are at Metchle- 
patam after the Closure and approval of all accounts Between them, unless it be 
to be Litiguous and to hurt this Defendant in his Business by obliging him to Stay 
here when his affairs much want his presence elsewhere. 

Thts Defendant further saith that the Complainant being Informed from Persia, 
that Paintings would not sell there by reason of the Troubles there had been for 
two years, has taken the Liberty to advance many falsehoods in his Bill as, that the 
Paintings sent to him were bad; and that this Defendant had overcharged in the 
price but this Defendant declares that he did not Charge more than the real Cost 
Commission included This Defendant absolutely denies to have ever promised or 
made any agreeing with the Complainant to provide paintings without Commission 
as is setforth in the Bill of Complainant and says that the reason the Complainant 
did not charge Complainant on the 2] 80 Pagodas worth of Goods and also two Bales 
of Handkerchiefs, which produced the sum of 1700 Spanish Dollars; was because 
of an agreement in Consideration of this Defendants sons Service to the Complainant 
for 3 years at his place, Manilha, and on Board of Ship, as a Writer and Purser. 

This Defendant Intreats this Honourable Court to observe that the Ballance 
which the Complainant Charges on this Defendant Oct 1 '. 28. 1743 is Pagodas 1069. 14 
whereas the aforesaid Letter marked B dated 21 Nov r . 1743 or one month after 

a n 

that pretended Ballance declares it to be only Pagodas 207. 5. 

After this Defendants Arrival here in the month of June 1744 as both accounts 
Testify this Defendant purchased a parcel of Chints of the Complainant for Pag s . 621 
which he was to pay on demand with Interest at 6 ^ Cent |J Ann. which the Com- 
plainant made no demand of till Sep 1 '. 29 th . when this Defend*, told him that he was 
Going to Metchlepatam in two or three davs and would pay him before he Avent as 
this Defendant can fully prove But the Compl*. out of a Litiguous Temper Filed his 
Bill in this Honourable Court against this Defendant on the 2 d . of Oct r . and this 
Defendant der-lares he now is and has been always ready and Willing to pay him 
the said sum of Pa s . 621 with Interest which is the only Just demand he has on this 
Defendant. 

All which matters and things this Defendant is ready to Averr maintain and 
prove as this Honourable Court shall direct and humbly prays to be hence dismissed 
with his Reasonable Costs and Charges in this behalf most Wrongfully Sustained. 

Rob t . Seoper 
Attv for the Def*. 



54 



Records of Fort St. George 



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56 Records of Fort St. George 



Translate of a Paragraph of a Letter from Coja Pagose to Coja Meerzam 
Muckertoom dated October the 23 d . 1743. 

S*. 

Coja Mall told me that he owed you money, I desire you to make me Debtor 
for his Ballance due to you, and Write to Coja Mall to pay me, I will receive it from 
him. 

A True Translate. 

f) Thaddeus Aga Perry. 

A. 

Translate of a Paragraph of a Letter from Coja Pagose de Cauchick to Coja 
Meerzum de Muckertoom dated the 21 st . Nov r . 1743 at Madi'aspatnam. 

To Coja Meerzam de Muckertoom. 

S R . 

I received your Favour dated October the 24 th . on the 11 th , Instant wherein 
you desire me to come to Metchlepatam to observe my Affairs more Clearly, than 
I can here, but tho' I am at this Distance, I understand what Goods Cost there parti- 
cularly from others, and If you knew I was able to come, I am apt to Believe you 
would not request it of me, For my Part it is the same To me whether I come or not, 
I wrote you before that I have nothing to say concerning This affair, what is done 

ans. 

is past, the Ballance of my Account which is to be Pag s . 155. 7-| and the produce 

aus. 

of one Chest Ophium Pagodas 51. 14 which amount to Madras P. 207. 5^ you 
Wrote that Coja Muckertoom would pay me by the hands of Coja Mall. I will 
receive it according to your request and am with all respect. 

Your most humble Servant 
Pagose de Cauchick. 

Translated from the Original 

Wrote in Armenian as near as it will admit by 

Thaddeus Aga Peert. 

B. 

13 th . Novem r . 1744. 

The Replication of Coja Pagose de Cauchick 
Merchant of Madras Complainant to the Answer 
of Coja Mirza de Muckertoom of said place. 

The Said Repliant saving to himself all manner of Exception to the untruths 
and Insufficiencies, of the Defendants said Answer for Replication thereunto Saith, 
that all and singular the matters and things in the Complainants Bill contained is 
true, as is therein alledged, and that the Defendants said Answer, to the said Bill 
is very untrue Imperfect and Insufficient to be replied unto and 

This Repliant saith that the Defendant by ommissions and over Charges in his 
Account, causes a great difference to arise Between the two Accounts, which this 
Replyant will make very Clear for the Inspection of this Honourable Court. 

The Compl . by his Account demands a Ball of Curr*. P 3 , . . 1690 

The Def fc . by his Account admits of no more to be due than P 3 . 621 

So that the Difference to be made out is . . . . . . . . 1069 

Now this Replyant hath shewn the Difference appearing on the face of the 
Accounts, it will be necessary to Shew how it arises, which is through the following 
Omissions and Errors to this Replyants prejudice and which admitted will (by being 
rectified) make out the Complain ts . Ballance of 1690. 

N°. 1. The first Omission to this Repliants prejudice is an Overcharge, he 
ought to give Credit for 470 Pag s . a difference of 10 ^ C*. arising from the Badness 
of Cloth and painting in the Goods provided at Metchlepatam. 



Pleadings in the Mayor's Court, 1745 57 

N°. 2 d . Second Article is also an Overcharge, we ought to have Credit for Back 
again it being Commission unjustly Charged 211 Pagodas on his Metchlepatam 
Goods, why no Commission is due thereon shall be shewn hereafter. 

N°. 3 d . Third Article is an Omission of Credit which ought to be given for 
Pa<? s . 84 being sundry remains of Goods left in his hands which this Eepliant shall 
prove hereafter. 

N°. 4. Fourth article is giving himself Wrong Credit for the Sum of Pagodas 
207, never received by this Eepliant as shall be shewn. 

N°. 5. Fifth article is an omission of Batty to make the above Sums Current 
of 97 Pagodas, being 10 'f? Cent the difference between the money here and Metchle- 
patam Supposing the above sums to be all made out by this Eepliant. 

Now this Eepliant humbly begs Leave to shew Just Cause, for having the above 
5 articles admitted on both sidesj to the End this Eepliants Ball of 1690 may be 
Justly made out, The first and most material Article of 470 Pagodas is a great 
Difference made to arise by the Defendants having in a very unfriendly manner 
loaded the Invoice with Exorbitant Prizes, & sent in Goods the Cloth and painting 
of which is worse 10 if? Cent then Goods of the same kind, sent from the same place 
to other Merchants, now here so that the Value of the Goods compared with the 
Prices Charged is no Less than 470 Pagodas at 10 j^J Cent by a most friendly Cal- 
culation, tho' 20 !^P Cent might be very Clearly made out, But that this Eeplyant 
would not Act with Eigour and Severity. 

The Defendant has not Laid down so Exactly as he ought the several Prices 
particularly but to Screen the Extravagance of such Over Charges pretends that 
his Commission of 5 !f! Cent is Blended With the Prime Cost, to Lessen the appear- 
ance of what he hath Over charged. 

Upon the Defendants Arrival here, the Complainant reproached him with his 
ill usage, and in the most mild and Friendly manner to prevent Future Quarrells 
Begged he would put the Judgment of these Goods to Arbitration, or pay this Eepliant 
1\ j$J Cent for his money advanced and take the Goods himself, at the rate they 
are Charged, which could be no request unreasonable to an honest man, but the 
Defendant absolutely denied both, tho' it is Impossible this Article can be made 
clear to this Honourable Court by any other means, than that of Eeferrees to inspect 
and Compare the said Goods with others of the like sort, overcharged by an Account 
under the Defendants own hand in the Armenian language annext hereunto. 

N°. 6. Which this Eepliant prays may be also inspected and Compared with 
the value of the Goods and to shew that this Eeplyant can have no intent to be Liti- 
guous, this Eepliant will Submitt to the Eeport of any Cast or Nation for such 
Inspection provided this Eepliant hath only an equal Number of the same people 
in our behalf, so that leaving the Decision of this article, in suspence for a further 
Information to be given this Honourable Court, This Eepliant therefore humbly 
proceeds to make out the second article of Pag s . 211. This sum will be found to 
be Charged for Commission on the Metchlepatam Goods but Blended with the 
Prime Cost which this Eepliant has separated by deducting 5 :^j? Cent from it, and the 
Commission is found to be the above 211 Pagodas which this Eeplyant objects to 
very Justly and therefore debts the Defendant that Sum back again for the following 
reason. 

The Defendant must Either take off this 211 Pagodas Comm 11 . or Give this 
Eeplyant Leave to Charge Commission on the two Sums of Pagodas 2180 and Dollars 
4700 the produce and purchase of Goods sold at Manila, on the Defendants Account 
in the year 1739 which Commission will farr exceed that he now Charges, and which 
the Defendant Confesses in his Answer but pleads his Son Muckertoom served 
this Eeplyant that Voyage is a Writer, but to shew this Honble Court of what Service 
he could be to this Eepliant, and that he was only sent with this Eeplyant for Instruc- 
tion is plain from a Translate of Coja Narzar's Letter hereunto annext N°. 4 which 
not only shews the Boys Incapacity of Serving but also shews he was not at that time 
in his Fathers power or Disposal, But bound to serve Nazar as a servant or Factor 
1745—8 



58 Records of Fort St. George 



for a certain Term of Years. So that by the Armenian Laws, the Father during that 
time had no property in him, but Nazar only as is plain for this Eeplyant during 
that Voyage Negotiated for & on behalf of the said Servant 1970 Pagodas Which 
produced in Mancala 3676 Dollars or P 3 . 2450 by which the Produce of Gain was 
480 Pagodas, one third of Which became the Boys Property, and two thirds the 
Masters which Nazar thought a very sufficient Ccnsid 11 . for the Young man's Service, 
and all this was done without Commission which this Eeplyant in Equity was and is 
still Intitled to, so that in Purchase and Sale this Eeplyant Negotiated for the Father 
and Son in one year upwards of 9740 Pag s . and Yet the Defendant is so ungrateful! 
to Charge 211 Pag s . on the Metchlepatam Goods if the Defendant persists in the One, 
this Eepliant hopes Eelief for the other, and humbly Presumes the Foregoing reasons 
are sufficient to set aside the Defend* 8 , Commission of 211 Pag s . 

The third Article of 84 Pagodas is the remains of Goods left in the Defendants 
hands never accounted for; but said to have been run away with by the Weavers 
and recovered back, as acknowledge by the Defendants own Letter hereunto annext 
marked N°. 5 and which shews the Deficiency ordering this Eeplyant to receive the 
Amount thereof of his son Muckertoom who never paid it or accounted for it in any 
shape Whatsoever. 

The fourth Article to be made out is P s . 407 which the Defendant by his Ac- 
count hath Erroniously carried to his Credit under a pretence that sum was either 
paid or accounted for by Coja Mall. 

Tis true the Defendants own letter marked (B) annext to his Answer Intimates 
his son Muckertoom was to receive that Sum of Coja Mall, and pay it this Eepliant, 
who hath at Sundry times by Turns applied to both, but was never paid by either, 
Nor was it Likely Coja Mall should pay it when he declares under his hand by N°. 7 
hereunto annext That he neither hath paid it nor hath any such money in his Hands 
of the Def te ., or to that Effect, so that 'tis very plain the money is not paid, and as 
the Defend* .himself does not deny it is due who must be applied to for payment, 
but the Principal, since the Order refuses it, But the Defendant in his Answer very 
Modestly bids this Eepliant set down with nothing, alledging he has Transferred the 
Debt to Coja Mall, and we must receive it of him, whether he will or not, a very hard 
Case and without Precedent. 

What Eight has the Def*. to make Coja Mall pay a debt of 207 Pag s . when 
he declares not to have in his hands any such money, The Def*. can only pay this 
money once, and this Eepliant desires to receive it but once, Let the Defendant prove 
he has once paid it, and this Eepliant received it, then will this Eeplyant give it up, 
but surely no honest man, would desire a Person to give up 207 Pag s . without any 
Consideration, & it is plain by the Letter (B) annext to the Defendants Answer, that 
this Eepliant hath nothing to say to Coja Mall, but the Defendants Son was to be this 
Eepliants paymaster, and not Coja Mall, and this Eeplyant never understood it other 
ways, if any Transferr was proposed by the Defendant, it was understood by this 
Eepliant with a View of being immediately paid, which not being done the demand 
must in Equity rest on the Original. 

The Defendant may Shift and pretend what Close of accounts he Pleases at that 
Distance it was not in this Eepliants power to Controul him or his accounts at Metchle- 
patam But the Letter N°. 1 hereunto annext gave him plainly to understand what he 
bad to expect here on his Arrival, and this Honourable Court, is not to Learn that 
all accounts are to be rectified and liable to Inspection where any Impositions, Over- 
charges, or Errors can be made appear, or else every man is in the power of his 
distant Correspondent, These things are always excepted to both in Law and Equity 
and nothing but general discharges Given by each party can Totally stop the Exami- 
nation into former Accounts. 

The last Article to be made out is Pagodas 97 the Batty or Difference of Ex- 
change Between Madras and Metchlepatam for as this Eepliant advanced Current 
money must be made to good to do, which the above Sum is required to be added to 
the several Sums before made out. supposing them all to be Confirmed by this 
Honourable Court, which if admitted this Eepliants Ballance, will prove as "in the 
Account annext 1690 Pagodas. 



Pleadings in the Mayor's Court, 1745 5£ 

And this Eeplyant doth averr that this Complaint is not founded on any new 
Invention or Disappointment of Sale, as this Defendant in his Answer Says Letters 
annext N°. 1, 2, 3 will Evidently shew that this Suit is the Result of time and the 
strongest provocations and 'tis plain from all that has shewn him, that this Repliant 
could not call him to account before, but was obliged to waite the Defendants Arrival 
here, with a Great deal of Impatience and Uneasiness and the more so Because this 
Repliants affairs called him to Persia this Year, which this Defendant knew by several 
Letters, and therefore retarded his coming till he could avoid it no Longer for this 
Re ply ant was determined at all events to Waite his Coming hither. 

Nor can the Defendant with any Justice pretend that this Bill was Filed with 
any Malicious intent as he insinuates for he himself in his answer, now Given in 
acknowledges, he was again preparing for his Departure to Metchlepatam, in two 
or three days, but Promised to pay 621 Pagodas before he went, this Repliant was 
inclined to believe by that he Intended some Settlement of accounts before he went 
but seeing no proposals further of that kind, and being Informed the Defendant was 
hireing Cooleys for his departure, it Carried in it a very ill face, and Left this Repli- 
ant to fear another Separation, and this Repliants Affairs Calling him soon to Persia, 
it might be possible parties might never meet again, or at least not for many years, 
and 'tis purely upon this very account this Repliant stays here, the Defend* 1 , having 
in his Letter Annext N°. 3 promised to come in January & Explain in Particular, what- 
ever was relating to this and the last Years Goods which was no sign of Accounts 
being Closed, the Def*. might Close his accounts his own Way to conceal his Tran- 
sactions. But that can be no Argument against this Replyants right Demand, for 
if the Defendants accounts are Just and Honest they will bear Inspection without 
Danger to him, if not it is humbly presumed Equity has a right to take place at any 
time. 

And this Replyant saith as in and by his said Bill he hath already said and doth 
and will Averr and maintain all and every thing and things to be true, and certain in 
such manner and form as is therein and thereby Alledged and Expressed. 

Henry Deveil 
Attorney for the Replyant. 

I 
Translate of a Paragraph of a Letter from Pagose to Coja Mirzam de Mucker- 
toom dated July the 22 d . 1743. 

I received your Favour of the 7 th . Instant on the 20 th . with an Account of 
the Goods you provided for me. I have Compared them with the Goods, which 
Coja Abraham provided for me in your Sons presence, and I must acquaint you, that 
Besides the Painting there is a difference of 3 or 4 Pag s . '$ Corge in the Cloth itself, No. l 
at which I am very much Surprized. I have served you on several Occasions, in a 
friendly manner but your return is no ways answerable to it ; When I received the 
Goods without Seeing your Ace*, and saw the Coarseness of Them, I thought the 
price had been Considerably Less, but I now perceive the Contrary ; Coja Abraham 
Charges 5 '$! Cent Commission & 5 f Cent for the Charges of Merchandize, which 
is more than the Custom of Merchants allows him; Yet for all this the Chints he 
provided for others Cost Madras P s . 36$ $ Corge besides the 5 $ Cent Commission 
and fi fJ Cent Charges afores d ., Besides the badness of the Painting, I imagined 
your Goods would have Cost 10 f Cent Less but I find to the Contrary they are 5 
$ Cent dearer; Ajee Jaffer paid this Year 10 Pagodas '$J Corge for painting Peran- 
ces, as the Constant Price has been for these 4 years. But you charge Pag s . 14. 1S| 
which makes a difference of 50 '$ Cent, I am apt to Think vou have made a Mistake 
in this Article. As I have behaved like a Friend to vou, I expect The same usage 
from you, But if you will not Grant me this, all that you can Charge is 5 if Cent 
Comm n . without any Charges of Merchandize, If the Price be so Extravagant When 
can I hope to sell the Goods or what Profit can I expect from them ? The^Difference 
is no inconsiderable matter but a Large sum, if it was otherwise I should not mind 
it, I hope you will Write me a true Account otherwise I shall make some dispute 
about it. Tho' I was not at Metchlepatam vet I know particularly the Price of Goods 
there, of which, if you please, I shall send you an account, I hope vou will send a 
1745— 8 a 



60 Records of Fort St. George 



true Account Else I must stay here, one thing farther I desire of you is to give me 
1\ f} Cent ^ Annum and take the Goods yourself for which I shall think myself very 
much obliged to you. ..... ;... 

Translate of a Paragraph of a Letter from Coja. Pagose to 
Coja Mirzam de Muckertoom dated Oct r . the 3 d .- 1743. 

Sir V ...-,. r.w .,-. -■ 

Noi2. We Continue here without going to Persia, but Intend for that Kingdom 

in January according to your Letter be pleased to come hither in December and shcv? 
that the Goods you provided are better than others and of an higher Price. 

Translate pf a Paragraph of a Letter from Coja Mirzam de 
Muckertoom to Coja Pagose without date, • 

3> If the Bussanah Ship dont sail this year, I will come to you in January and 

explain is [_sic~\ particular whatever relate to the Goods both of this and last year. ■ 

A True Translate of the f oresoing Paragraphs of Letters wrote in Armenian 
marked N°. 1. 2. 3. 

$ Thaddeus Aga Peery.. ,, 

To Coja Pagose. t 

Sir 

No. 4. I hereby recommend to you Muckertoom de Mirzam and Joannes de Aga 

Manoel to serve You. They are not fitt to buy and sell or keep Cash. In such 
matters they must have no dealings. I Give you a full power, and desire you to 
manage their affairs as your own, but pray dont Let them any money, but keep it in 
your own hands and bring it with you thither, & deliver it to me or my Order, In the 
same manner you bring your own Money from Manilha I desire you will bring this. 

Madras Your most humble Serv*. 

March the 26 th . 1740. Nazar Jacob Jan. 

A True Translate of the Original. 

!f) Thaddeus Aga Peery. 
N° 5. 

Translate of a Paragraph of a Letter from Coja Mirzam de 
Muckertoom to Coja Pagose de Catcheek dated the 26*. 
Dec r . 1743. 

Sir 

I sent you the 23 Instant six Bales of Goods on Jevendoss boat and this day one 

I . Bale of Goods more on Gorell Balla's boat, The Painters I Employed ran away with 

37 P s . of Handkerchiefs and 14 P s . of Lachecks which remained in their hands, but 

I have recovered them and if you please you may receive the price of them from 

my son Coja Muckertoom. 

A true Translate of the Original. 
f! Thaddeus Aga Peery. 

no. 7. I Coja Mall de Safer do hereby Declare that Meerzam de Muckertoom or his 

Son Muckertoom did neither of them Transferr me any money to pay Coja Pagose 
neither have I paid him. 

Fort S* = George Signed Coja Malt,. 

1744 Nov*. 2 D . 

True Translate from the Original. 

f? Thaddeus Aga Perry. 
4 th . Decr. 1744. 

The Pejoinder of Coja Mirza de Muckertoom to the Keplyca- 
tion of Coja Pagose de Cau chick. 

The said Defendant saving to himself all manner of Benefit and advantage of 
Exception to the untruths and insufficiencies of the said Eeplycation saith that the 
Def®. said Answer is certain true and sufficient in the Law to be replied unto, and 



Pleadings in the Mayor's Court, 1745 61 

also saith'To the first Article of the Eeplycation that the account he sent to the Reply- 
ant and hath annexed to his answer is Just in every particular That the Replyant 
received and approved of that account, and accepted of the Ballance to be paid him 
by Coja Mall fully appears by the Translate annexed To this Def 155 . answer marked B, 
This Defendant further saith That the Replyant made several frivolous and Litiguous 
Complaints before the ffyling of his Bill in Answer to which this Def*. desired him 
to go himself to, or send, or Employ some Person at Metchlepatam, to Enquire into 
his Affairs more exactly as appears by the said Translate But his Acceptance of the 
Ballance without either going or Sending shews that he did not think it Necessary 
Therefore with Submission to this Hoilble Court what can be the end or design of 
opening this pretended account other than to be Litiguous and this Defendant averrs 

and can prove, That the Complainant made his applica to a person of undoubted 
Character and repute requesting him to use his endeavour to perswade this Defend- 
ant to give him 80 or 100 Pagodas with which he would be content instead of the 
large Sum now Demanded of him (Exclusive of what this Defendant admitts) and that 
such Applycation was made and Totally rejected by this Defendant. 

To the second Article concerning Commission this Defendant says that he has 
•done no more than the Custom of Merchants allows him, For the Justice of which 
he referrs himself to this Honourable Court, and thought that by his Answer he had 
fully Obviated all objections on that Head, wherin he Declared that his Son Coja 
Muckertoom had served the Repliant as a Writer, & Purser for the space of 3 years 
which Service he averrs was worth 200 Pagodas ^ Annum and consequently a suffi- 
cient reason why the Complainant should not Charge Commission and tho' the 
Repliant seems to make use of a Weak pretence in a Letter from the Late Coja Nazar, 
.as that he was not fit to Buy or Sell or keep Cash Yet it is Humbly hoped those are 
no reasons why he was not able to keep Accounts which was the very End and Intent 
of his Employ, and the very Cause for the Complainants not Charging Commission 
at the End of the Manilha "Voyage and this Def*. doth averr that his Son was never 
Bound as a Servant to Coja Nazar for any Term whatsoever, he only serving him as 
a Factor and could have left that Employ at pleasure without any restraint of the 
Armenian or other Laws and that his said Son, was sent by him this Defendant as 
Writer and Purser to Manilha with the Repliant at his the Repliants own Request, 
Coja Nazars Recommendation or Letter being wrote without this Defendants knowl- 
edge or Privity and cannot possibly bear such a Construction as the Complainant 
puts thereon the same as this Defendant Conceives being only meant as a Security 
for Nazars own money whose, in Fact that sum of 1970 Pagodas was and this Def*. 
further says that no Armenian can go a Supercargo to Manilha, without having or 
appearing to have a large concern in the Voyage, in order to Enable the Complain- 
ant to be capable of the Employ his this Def* s . Concern together, with those of 
Johannes de Aga Manoel and Coja Petres de Gregoriaga, were Entrusted with him, 
all which 3 concerns were made up without Commission, and why should the two 
Last be better Intitled to that Benefit for the Single reason of lending a Friendly hand 
to enable him to undertake the Voyage, than this Defendant also Lent him his son to 
Assist him therein. 

To the 3 d . Article of 84 Pagodas This Defendant saith that the Cloth was pur- 
chased here, and sent to him to Metchlepatam to be painted, and when this Defend*. 
Wrote the Letter annexed to the Replycation (marked N°. 5) he supposed the Repli- 
ant would go to Persia, and on that Supposition out of Friendship to him, in order 
that he might leave no accounts unsettled behind him, told him he might receive 
the price of those Goods from this Defendants said Son ; But since the said Voyage 
was not performed No ships having gone to Persia, that Season & the Repliant having 
frequently desired him to send them as soon as possible as he can prove, and they 
now being at the Sea Gate, what can be more reasonable than that he should take 
them. 

To the fourth article of Pagodas 207 This Defendant saith; That Coja Mall and 
the Replyant dwelt in the same House, that the Repliant wrote this Defendant as 
appears by the Letter marked A annexed to this Defend ts . Answer, That as Coja 



62 



Records of Fort St. George 



Mall had told him he was Indebted to this Defendant, this Defendant might Transferr 
the Ballance due to be paid by Coja Mall upon which this Defendant wrote to his 
Son to Order Coja Mall to pay it, and this Def*. proves by the said Letter marked B- 
ihat his Son accordingly applied to Coja Mall, and can further prove that he Trans- 
ferred the aforesaid Ballance in the presence of the Beplyant to which Coja Mall and. 
the Bepliant both consented and as to the Certificate under Coja Malls hand it is r 
except that part wherein he says he has not paid the Bepliant a very great untruth for 
that there was at the time that Tarnsferr was made the sum of 209 Madras Pagodas- 
due from Coja Mall to this Defendant so that there is now allowing Coja Mall to be 
answerable to the Complainant for the 207 Pago 8 , still a small Ballance from Coja 
Mall to this Defendant. 

The fifth and last article is that of 97 Pagodas Batta on a Supposition that the- 
foregoing Articles are fully proved on the part of the Complainant. If that be all 
the Foundation of it This Defendant leaves it to the Judgment of this Honourable- 
Court, whether those Articles have been fully proved or not, This Defendant humbly 
conceives he has herein shewn they are not and therefore no Batta can be due. 

This Defendant further says that Though it may not as yet very evidently 
appear, the Complainant has founded his Complaint on a new Invention, as the Def fc . 
in his answer says, Yet it is hoped this Honourable Court will think there is a great 
presumption for it, on perusal of the Translate of a Paragraph of a Letter hereunto- 
annexed marked C, and he also saith, as in and by his said Answer he has already 
said and does and will averr and maintain all and every thing and things therein to- 
be true and certain in such manner and form as they and every of them are therein 
alledged and Expressed. 

Rob t . Sloper 
Attorney for the Defendant. 

Paragraph of a Letter from Coja Pagose de- 
Cauchick to Coja Mirzam de Muckertoom dated 
Madras October the 14 th . 1742. 
Sir 

There is no Call in Persia for Chints for which reason my Correspondents 
c. there have wrote me not to Buy any. It is my Misfortune that things should fall 
out thus, when I intended to go thither after so many good years of Trade there. 

Paragraph of a Letter from Coja Pagose de 
Cauchek to Coja Mirzam de Muckertoom dated 
Madras October 3 d . 1743. 

Sir 

Coja Mall told me that he was Indebted to you. Be pleased to debt me for 

the Ballance of his account, and Write hither that I might receive it from him. 

A True Translate of the two foregoing Para- 
graphs from the Original. 

"$ Thaddeus Ada [sic] Peery. 
We whose names are hereunto subscribed do hereby Certify and declare that 
It is the Custom among us Armenians, when a man enters in a Factorship to serve 
as a Factor to his Master, that a Master only can, and has power to require and. 
Demand whatever concerns his Factor in his Transactions, and the Father of such 
a Factor has no right to Claim any thing or intermeddle with the Affairs that concern. 
a Factor or his Master Dated in Fort S*. George this 13 th . of Dec r . 1744. 

Avetick De Cannahan. 
Michael De Gregorio. 
Joannes De Coja Maul. 
Cauchick De Petrose. 
Gregorio De Saffras. 



A true Translate from the Original. 



^ Thaddeus Ada [sicl Peery. 



Pleadings in the Mayor's Court, 1745 



63 



„19 March 1744 
D R . 



Coja Pagose his account Particulars. 

Corge Ps, Pags. Anns. Pags. Anns. 



Long Cloth 

with its Cost and Charges 

Viz*. 

The Cloth 

presented to Cooleys as 

$ advice 

Cost of the Long Cloth . . 
Chints . . . . . . . . 70 — 

-with its Costs and Charges 

Viz*. 
The Brown Cloth $ Corge . . 
Washing 
Stamping 
Colours . . . . ... 

Mending 

Washing and Chanking 

Sea Gate Custom 

Package 

Freight to Madras 

Finishing or repairing 

the Stamping 
Commission and Peons. 

Cost of Chints .. .. 70 @ 

-Chints . . . . . . • . 10 — 

with its Costs and Charges 

Viz*. 
The Brown Cloth $ Corge 

Washing 

Stamping 

Colours 

Mending 

Washing 

Seagate Custom 

Package 

Freight 

Finishing 

Commission and Peons. 

Costs of Chints . . . . 10 @ 
Cashes . . 2 10 

with its Costs and Charges 

Vizt. 
Brown $ Corge 
Stamping 
Colours 
Mending 

Knoting the Strings 
Sea Gate Custom 
Washing and Chanking 
Package and Freight 
Commission and Peons 

Cost of Cashees . . . . 2 

•Chints 1st. s or t . . . . 2 

Prime Cost ¥ Corge 
Sea Gate Custom 
Package 
Commission and Peons 



10® 

16 



13 



34 



16 



8 12 

- iif 



18 — 

- If 

— 13| 



11 



- 81 

1 lj 

- 8| 

— 6 

— . 2 

2 2} 



1260 — 

7 10£ 
57 15£ 

915 

8 12 
36 
75 
38 
26 



36 15 $ Corge 



18 — 

— If 

— 10 

6 7J 

— 2 

- H 

- iif 

- H 

— 6 

— 2 
1 121 

29 6| 



20 — 



1 
5 
7 
5 
3 
1 
17 



71 
'2 



1* 

n 



8 12 
150 15 



180 
1 

6 4 
64 11 



4 



4 

21 

H 

n 
12 
4 

10| 



50 — 



H 


— 


13f 


1 


22 


101 


1* 


._ 


3f 


5* 


— 


13f 


5| 


3 


fi3 


5 


— 


12*- 


n 


1 


2* 


H 


5 


8| 


3 


■ 


• 


8 


46 


3| 


12 


2 


n 


12 


2 


if 


9 


1 


9f 



Pags. Anns. 



9 7* 



2585 I ) 



293 14A 



85 7£ 



64 Records of Fort St. 


George 










Brought over . . 










2595 1J 


Cost of is*. Sort of Chints. . 


2 16® 


18 9 


. 


. 


52 




Chints 2d. Sort 


7 4 


. . 


. 


, 






Bought ready Painted 


• • 


14 8 


104 


I 6 






Sea Gate Custom 


, , 


— 12 


5 


6 i6 






Package 




— 12 


5 


61 

16 






Commission and Peons 


, , 


— 8 


3 


Qi l 
. y iB" 






Cost of 2d Sort oi Chints . . 


7 4@ 


16 8 






118 


3 [sic], 


MOOREES KASHES 


10 












With its Costs and Charges 














Viz*. 














Brown 


• • 


13 7 


134 


6 






Washing 




— 1 


— 


10 






Stamping 


. . 




3 


7 






Colour 


a . 


7 12£ 


77 


10| 






Mending 




— H 


— 


15 






Knoting 


. . 


- H 


3 


7 






Washing and Chanking 




— 4 


2 


8 






Sea Gate Custom 


■ • 


- m 


7 


13 






Package 




- n 


4 


si 






Commission and Peons 


10 @ 


i io* 

25 3 


16 


9 


251 




Cost of Moorees Kashes 


— 


„ , 


14 


Chababoer lachecks 


1 


, , 




„ , 






With its Costs and Charges 














Vizt. 














Brown 


. . 




19 


6 






Stamping 






— ■ 


H 






Colour 


• • 




11 


X 
2 






Mending 






— - 


6 






Washing 


• • 




— 


H 






Sea gate Custom 


. . 




— 


12f 






Package 


• . 




— 


3| 






Commission and Peons 


1 @ 




2 


4 


34 




Cost of Chabarborr Lachecks 






9 


LONGES FINE . . 


1 






. , 


20 


10 


D°. Second Sort 


1 






• • 


17 


I 


D°. Third Sort 


20 


9 6 




, . 


187 


8 


Chints Ready made Super- 














fine 


1 








46 


12 


Pallempores 


2 








. 


• 


With their Costs and Charges 














Viz*. 














Brown 


, . 


17 — 


34 









Washing 


. . 


- If 


— 


31 






Stamping 


• . 


1 — 


2 


— 






Colours 


. . 


11 If 


22 


H 






Mending 


. . 


— 2 


— 


4 






Washing 


. . 


- *i 


— 


16i 






Custom 


• . 


- Hi 


1 


12| 






Package 


. . 


— 13 


1 


10 






Commission and Peons 




2 1 


4 


2 







Cost of Pallempores 

Painting betteela 
keechiefs 



HAND- 



2 —1 



42 14 



33 10 



Carried over 



67 



3431 1£ 



Pleadings in the Mayor's Court, 1745 



65 



With their Costs and Charges 

Viz*. 
Washing 
Stamping 
Colours 
Mending 
Sea gate Custom 
Washing 
Package 
Freight 
Commission and Peons 

Costs of Painting Betteela 
Handker s . 

Painting Betteela Lachecks 
Painting Mandills 
Painting Jamavaurs 

With its Costs and Charges 
Viz*. 

Washing . . 

Stamping . . 

Colours 

Mending 

Washing 

Custom 

Package 

Commission and Peons 

Costs of Painting Jania- 
vaurs 



Gorge. Ps. Pags. Anus. 

Brought over 



12 



42 14 @ 

8 — @ 

1 — 

10 — 



3 
14 

9 
6 

8 

8* 

5 

2 



17 12 
6 2 



Pags. Anns. Pags- Anns- 



8 

37 
536 
16 
54 llf 



11 

48 



5f 



21 



22 10if 



5f 

ioh 



751 15 [sic] 

49 — 
16 2 



4 


2 


8 


11 


6 


14 


12 


77 


8 


4 


2 


8 


H 


5 


21 

Z 2 


15f 


9 


13J 


12 


7 


8 


9 


5 


10 



117 8 



4694 13 



ROB T . SLOPES, 

Am. for the Deft. 

Interrogatories to be administred to such Witnesses as 
shall be produced Sworn and Examined in Behalf of the 
Complainant in a certain Cause wherein one Coja Pagose De 
Cauchick is Complainant and one Meerzam de Muckertoom 
is Defendant. 

Imprimis Do you know the parties Complainant and Defendant in this Cause 
or either and which of them and how long have you known them or either and which 
of them Declare. 

2 d To Ovannes De Ser Muckerrateach, Nazar Coja Mall Tonnapa Item Did 
any person desire you to Inspect any Goods if yea, what person, and what Goods 
did you inspect do you know or was you Informed who provided such Goods. 

3 d . Did you observe any difference in the Goods, or their Value, if yea say, 
what Difference there appeared ^ Gorge and what goods appeared the best and 
which appeared the worst. 

4 th . Do you know this paper now shewn you at the time of your Examination 
marked HD say if you did not Sign this paper, do you know the Contents, and do 
you in your Conscience believe the Contents of this Paper true set forth all you know 
Concerning the present Dispute, all you have heard, and all you do believe with the 
reasons of such your Knowledge or Belief Declare. 

Henry Deveil 
Attorney for the Complainant. 
1745—9 



66 Records of Fort St. George 

Mayors Court at Between Coja Pagose de Cauchiek Complain*. 

Madraspatnam. and 

Coja Mirzam de Muckertoom Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows : — 

Ovannes De Ter Muckerratcach of Madras Merchant aged 51 years or 
thereabouts being produced as a Witness in this Cause on the part of the Complain- 
ant was on the 12 day of December 1744 shewn at the Office of M r . Eobert Sloper 
Attorney for the Defendant by Connecapa who left a Note of the name Title and 
place of abode of the said Ovannees de Ter Muckerrateach and afterwards on the 
same day and year being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Compl*. and Defendant 14 months or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that the Complainant 
desired him to inspect four Bales of Painted Goods, two Bales the Complainant told 
him was provided by one Coja Abraham and two Bales by the Defendant He further 
saith to the third Interrogatory that the Goods said to be Coja Abrahams were better 
by 4 Pagodas f} Gorge -than the Defendants. This Deponent further saith to the 
fourth Interrogatory that he signed the paper shewn him now at this his Examina- 
tion marked HD That he knows the Contents thereof and believe them to be true 
and more saith not to this or the last Interrogatory. 

Coja Ovannes De Ter Muckerratcach. 
Joseph Githin 

Exam r , 



Nazar Coja Maul of Madras Merchant aged 33 years or thereabouts being 
Produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant and Defendant and hath so known them 25 years or thereabouts. 

Second. To the Second Interrogatory this Deponent saith That the Com- 
plainant desired him to Inspect four Bales of Metchlepatam Paintings, and that he 
observed when the Goods were opened That two Bales had Coja Abrahams mark, 
and two Bales that the Defendants mark He further saith to the third Interry, That 
he observed a Difference in the Goodness and price of the Paintings That Coja Abra- 
hams Goods appeared, according to the best of his Judgm*. to the better by 4 Pago- 
das ^ Corge than the Defendants this Deponent further saith that he signed the 
paper now produced and shewn him marked HD that he knows the Contents thereof 
and Believes them to be true and more saith not to this or the last Interrogatory. 

Nazar Coja Maul. 
Joseph Githin 

Exam?. 



Tonnapah of Madras Merchant aged 40 years or thereab ts . being produced as 
a Witness in this Cause on the part of the Complainant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant ten years and the Defendant 3 months or thereabouts. 

2 d . To the second Interry this Deponent saith that the Complainant desired 
him to inspect some Metchlepatam Goods provided as the Complainant Informed 

by Coja Abraham and the Defendant, He further saith to the third Interrory that 



Pleadings in the Mayor's Court, 1745 67 

the Goods said to be provided by Coja Abraham, exceeded the Defend* 8 , in Good- 
ness and price according to the best of his Judgment about 4 Pagodas in a Corge, 
This Deponent further saith that he remembers the paper now produced and shewn 
him was read to him by the Armenians who assisted him in valuing the Goods as 
above, and that he then signed it as an approbation of what they read and more 
saith not to these or the last Interrogatory. 



Tonnapah. 



Joseph Githin 

Exam 1 '. 



Additional Interrogatories to be administred to such 
Witnesses as shall be produced Sworn and Examined on 
part and Behalf of the Complainant in a certain Cause 
wherein one Coja Pagose de Cauchick is Complainant and 
one Mirzam de Muckertoom is Defendant. 

Imprimis Do you know the parties Complainant and Defend*, in this Cause or 
either and which of them and how long have you known them or either and which 
of them Declare. 

2 d . To Coja Gregoria De Sapfras Item Do you [sic] the Defendant ever make 
anv consesions in your hearing what offers of Accomodation or consideration was 
made and by whom and to whom and in whose presence Declare. 

3 d . Item Do you know or can you say any other matter or thing that can be 
of Service to the Complainant in this Cause. If yea set forth the same as you know 
have heard or do Believe with the reasons of such your Knowledge or Belief Declare. 

Henry Deveil 
Attorney for the Complainant. 



Mayors Court at Between Coja Pagose de Cauchick Complainant 

Madraspatnam. and 

Coja Mirza de Muckertoom Defend*. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Coja Gregoria De Safpras of Madras Merchant aged 25 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant was on 
the 12 day of Decern 1 ". 1744 shewn at the office of M r . Robert Sloper Attorney for the 
Defendant by Connecapa who left a note of the name Title and place of abode of 
the said Coja Gregoria de Saffras and afterwards on the same day being Sworn and 
Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that the Complain*, and 
Defendant 14 years or thereabouts. 

2 d . To the Second Interrogatory this Deponent saith that the Defendant 
Confessed on this Deponents asking him the reason of the Difference between him 
and the Complainant that the Dispute arose about the Complainants Commission, 
on a voyage to Manilha which he say he was ready to pay him That this Deponent 
informed the Complainant thereof who immediately went to the Def*. what passed 
between them this Deponent knows not or can further say to this or the last 
Interrogatory. 

Gregoria De Saffras. 
Joseph Githin 

Exam?. 

1745— 9-A 



68 Records of Fort St. George 

Additional Interrogatories to be administred to suck 
Witnesses as shall be produced Sworn and Examined on 
behalf of the Complainant in a certain Cause Wherein one 
Coja Pagose de Cauchick is Complainant and Mirzam de 
Muckertoom is Defendant. 

Imprimis Do you know the parties Complainant and Defend*, in this Cause or 
either and which of them and how long have you known them or either and which 
of them Declare. 

2 d . To Coja Maul Sapher was you ever ordered to pay any money to Coja 
Pagose de Cauchick by Mirzam de Muckertoom if yea what Sum was you ordered to 
pay did you pay any Sum, and if not, why did you not pay it, Declare. 

3 d . Did you stand Indebted to Mirzam any Sum of money at the time he Order- 
ed you to pay money on his account, if yea how much money did you at that time 
stand indebted to him Declare. 

4 th . Item Lastly Did you ever in your books give yourself Credit for any 
money paid to Pagose by order of Mirzam or did you in your books debt Meerzam for 
any such Sum Meerzam ordered you to pay If yea say what Sum of money and on 
what account. 

5 th . Item Do you know or can you say any other matter or thing material for 
the Complainant in this Cause if yea set forth the same as you know have heard or 
do believe with the reasons of such your knowledge or Belief Declare. 

Henry Deveil 
Attv. for the Compl*. 

Mayors Court at Between Coja Pagose de Cauchick Compl*. 

Madraspatnam. and 

Coja Mirzam de Muckertoom Defend*. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
his Court as follows. 

Coja Maul Sapher of Madras Merchant aged 40 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant was on the 13 th . 
day of Decern 1 ". 1744 shewn at the office of M r . Robert Sloper Attorney for the 
Defendant by Connecapa who left a Note of the Name Title and place of abode of the 
said Coja Maul Sapher and afterwards on the same day being Sworn and Examined 
Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 10 Years and the Defendant 25 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he never was 
ordered by the Defendant to pay any sum of money to the Complain*. That he may 
be Indebted to the Complainant but cannot say in what accounts being not settled 
neither can he further say to any particular Question Enquired off either in these 
or the last Interrogatory. 

Coja Maul Sapher. 
Joseph Githin 

Exam r . 

Interrogatories to be administred to such Witnesses as 
shall be produced Sworn and Examined on the part of the 
Defendant in a Certain Cause wherein Coja Pagose de 
Cauchick is Complainant and Coja Mirzam de Muckertoom 
is Defendant. 

I s *. To all the witnesses Do you know the parties Complain*, and Defend- 
ant or either and which of them and how long have you known them or either of 
them Declare. 



Pleadings in the Mayor's Court, 1745 69 



2 d . To Coja Mall Saphier was there at any time when and by whom, Appli- 
cation made to you to pay any and what Sum of money for either of the Contending 
parties to the other and which of them, Did you or did you not undertake to pay 
such sum of money, if you did what might be the reason for such Undertaking, 
were you at that time or were you not indebted to the party for whom you under- 
took to pay, in any and what Sum of money, was such promise of payment accepted 
of and approved by the party to whom it was to be made, or was it not, to whom 
did you after such undertaking and acceptance deem your self Debtor for the same 
was there or was not any and what proposal made with regard to the manner that 
the same should be paid in, was such proposal or was it not approved of by the party 
to whom the same was to be paid, were the Terms so agreed on ever offered to be 
Complied with, were they Complied with, if not, your reasons why they were not 
Declare. 

3 d . To the Eev d . Carripiett and Coja Sultan David Have you at any time and 
when had any discourse with Coja Mall Sapher Concerning the payment of any 
money now in dispute Between the parties Complainant and Defendant Declare. 

4 th . To Coja Ovan John Have you at any time and when had any discourse 
with the Complainant concerning the Accounts in dispute between him and the De- 
fendant Did he make any proposals concerning the same, what were such proposals, 
did you make the same as required, what answer did you receive thereto, with the 
whole that passed thereon Declare. 

5 th . To Vanatick are you Servant to any person, if so, to whom, have you 
at any time Lately and when demanded any money relating to the matters in Ques- 
tion from the Defendant what was the Sum you Demanded, by what authority Did 
you demand the same and what Answer you received to such Demand Declare. 

6 th . To Don Jeeonima was you or was you not at any time, when and where 
from and to a voyage at Sea with the Complainant and the Defendants son in what 
Station did the son act, was he according to the best of your Judgment capable of 
the Employment was he Treated and Behaved towards as a capable person Declare. 

7 th . To Coja Abraham Do you or do you not remember when the Paintings 
in dispute, between the parties Complainant and Defendant were provided, where, 
were they provided, and by whom, where were you at the time whether did you or 
the Defendant arrive there first, what Term or Space was you betwixt your arrivals, 
had the first that arrived there any advantage of providing Goods better or cheaper 
than the latter, if so, by how much as you believe Did you provide any Goods for the 
Complainant at the time the Defendant did, have you seen those the Defendant did 
provide, had the Defendant a sufficient time allowed him to provide them in, were 
they or were they not as good as might be reasonably expected they would Consider- 
ing the time they were provided in, was there or was you not as you believe due 
Care taken by the Defendant in the providing of them had you or had you not, at 
any time when and where any Discourse with the Defendant concerning such Goods 
and the time he had to make them in, if so the whole thereof Declare. 

8 th . To Catchick De Petrus, Coja Sultan David, Alexander Jaco Jan, Treman- 
galum Comrapa, Tonnapa and Pelliapah, Do you understand the Goodness in a 
Mercantile way and method of providing painted Goods in India (if you do) Suppose 
a Merchant provides a Quantity of Painted Goods, and has a long time allowed him 
to make or provide them in ; and also has the same Sort to provide for another but 
is Limitted to a short Time for providing or making of them Will there in proba- 
bility, or will there not, be any Difference in the Goodness and Price of the Commo- 
dities, If it is Supposed there will what might be that difference according to the 
best of your Judgment Declare. 

9 th . To all the witnesses do you know or can you say any other matter or 
thing material for the Defendant in this Cause If so set "forth the same as you know 
have been Informed or do believe with the reasons for such vour knowledge or 
Belief. " s 

Rob t . Sloper 
Attorney for the Defendant. 



70 Records of Fort St. George 



Mayors Court at Between Coja Catchick Complainant 

Madraspatnam. and 

Coja Mirzam de Muckertoom Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Coja Maul Sapher of Madras Merchant aged 40 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant was on the 7 th . 
day of March 1744/5 shewn at the office of M r . Henry Deveil Attorney for the 
Complainant by Connecapa who left a Note of the name Title and place of abode 
of the said Coja Mall Saphir and afterwards on the same day and year being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith, that he hath known the 
Complainant 10 years and the Defendant 25 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith That there never was 
any Application made to him to pay any Sum of money for Either of the Contending 
parties to the other, neither did he ever undertake to pay any Sum of money for 
one of the Contending parties to the other he further saith. That he may be Indebted 
to the Complainant but cannot say in what Sum accounts being not yet Settled and 
more saith not to anv particular Questions enquired off in this or the last Interro- 
gatory. 

Coja Maul Sapher. 

Joseph Githin 

ExamT. 

The Rev d . Padre Carapiett of Madras aged 47 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant from his Infancy and the Defendant he hath known 30 years or there- 
abouts. 

3 d . To the 3 d . Interry this Deponent &aith that he never had any discourse 
with Coja Mall concerning the payment of any money now in dispute Between the 
parties Complainant and Defendant But at a time when this Deponent 
went to Visit Coja Maul Saphir on account of his Indisposition he found 
the Defendant in Company with him and both in a dispute, the Substance 
of which to the best of this Deponents remembrance was as follows; The 
Def*. asked Coja Maul how he could sign a Certificate, the purport thereof this 
Deponent knows not, That Coja Maul replied he signed it Because he thought it was 
Just, The Def*. then asked Coja Maul if he had offered any paintings to the Compl*. 
he replied he did, but the Defendant refused to take them, The Defendant further 
adding that the Complainant had Wrote to him to receive a Ballance due to him on 
accounts between them of Coja Maul and that he had Consented thereto in a Letter 
back to the Complainant as also had wrote to his Son thereof, asked Coja Maul if 
the Complainant had applied to him for any paintings on that account Coja Mall 
replied he never did Neither did the Def* 6 . son ever make any mention thereof to 
him whereon the Defendant required on what account he offered the paintings to 
the Complainant Coja Maul answered that he should reserve his reasons for so doing 
to himself, and more saith not to this or the last Interrogatory. 

Padre Carapiet. 
Joseph Githin 

Exam r . 

Coja Ovanes John of Madras Merchant aged 45 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Sworn and Examined Deposeth as follows. 



Pleadings in the Mayor's Court, 1745 71 



1 . To the first Interry this Deponent saith that he hath known the Complainant 
20 years and the Defendant six years or thereabouts. 

4 th . To the fourth Interrogatory this Deponent saith that he had a discourse 
with the Complainant concerning accounts in dispute between him and the Defend- 
ant at the Complainants house about the month of May last, when the Complainant 
desired this Deponent to use his endeavour to make up the affair Between him and 
the Defendant without going to Court whereupon this Deponent required the amount 
of the difference between them, The Complainant answered an 100 P s . the Dep". 
then asked if an 100 P 3 . would content him on account of the painted goods and 
the Manilha affair too, The Complainant replied he should be thoroughly satisfied 
with that as also should be Obliged to this Deponent if he could make it up so, This 
Deponent further saith that he made the Complainants proposals to the Defendant 
who said he had drawn up the account Between them and that he did not find he 
owed the Complainant anything on Ballance This Deponent then asked the Defend- 
ant if he was not Indebted on account of the Manilha affair The Defendant replied 
he did not know that he was and doubted not but the Complainant would have made 
this Demand before if there had been ought due on that Account and more saith 
not to this or the last Interrogatory. 

Ovan John. 

Joseph Githin 

Exam r . 

Vanatick of Madras Dubasb to the Complainant aged 30 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant and after- 
wards being sworn and Examined Deposeth as follows. 

I s *. To the first Interrogatory this Deponent saith that he hath known the 
Complainant 4 years and the Defendant 7 years or thereabouts. 

5 th . To the 5 th . Interry this Deponent saith that he is Servant to the Com- 
plainant and that he did lately by his masters Order demand money of the Defend- 
ant, but cannot say the amount of the Sum, as also at the same time demanded the 
Metchlepatam account that the Defendant answered he would settle accounts and 
clear off before he went to Metchlepatam and more saith not to this or the last Inter- 
rogatory. 

Vanatick. 

Joseph Githin 

Exam r . 

Don Jeronimo of Madras Merchant aged 55 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Defendant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith, That he hath known the Compl*. 
7 years and the Defendant 5 years or thereabouts. 

6 th . To the 6*. Interrogatory this Deponent saith, that he was about 5 or 
6 years past a Voyage to Manilha with the Complainant and the Def te . Son but knows 
not in what Station the Son acted, That he, also two other Armenians appeared to 
he subservient to the Complainant, but cannot further say in regard to the Defend- 
ants Sons capacity or the Complainants Treatment of him having never Concerned 
himself with their affairs And more saith not to this Interrogatory. 

To the last Interrogatory this Deponent saith that to the best of his remem- 
brance he has heard say that the Def ts . Son was Concerned w* h . the Complainant in 
Trade and more saith not. 

Joseph Githin 

Exam r . 

Jeronimo De Ita. 



72 Records of Fort St. George 



Catchick de Petrus of Madras Merchant aged 80 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith That he hath known the 
Complainant and Defendant 10 years or thereabouts. 

8 th . To the 8 th . Interry this Deponent saith, that he understands the good- 
ness and method of providing painted Goods in India and saith that it is to be sup- 
posed, when a Merchant has a long time allowed him to provide a large Quantity 
of painted Goods for one man & is Limitted to a short time by another to provide 
the same sort, there will be a difference in the goodness and Price of the Commodi- 
ties but he cannot Judge what that difference may be it being precarious and depend- 
ing on the Capacity of the Buyer and more saith not to this or the last Interry. 

Catchick. 
Joseph Githin 

Exam r . 

Alexander Jaco Jan of Madras Merchant aged 34 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant and Defendant in this Cause and hath so known them 15 years or 
thereabouts. 

8 th . To the 8 th . Interrogatory this Deponent saith that he understands the 
goodness in a mercantile way and method of providing painted Goods in India and 
that when a merchant has a long time allowed him to provide a Quantity of painted 
goods he certainly has the advantage of buying his goods better and Cheaper than 
when he is Limitted to a short time but cannot say by how much and more saith not 
to this or the last Interrogatory. 

Alexander Joco Jan. 

Joseph Githin 

Exam r . 

Tremongaltjm Comorapah of Madras Merchant aged 57 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendant and after- 
wards being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath seen the 
parties Complainant and Defendant but hath no certain knowledge of either. 

8 th . To the 8 th . Interry this Deponent saith that he understands the good- 
ness and method of providing painted goods in India, and that it is to be supposed 
there will be a Difference in the goodness and Price of the Commodities, when a 
merchant has a long time allowed him to provide a quantity of Paintings for one 
Man, and is Limitted to a short time to provide the same Sort for another, but this 
Deponent Cannot say what may be that Difference it depending Entirely on Fortune 
and more saith not to this or the last Interrogatory. 

Joseph Githin 

Exam r . 

Tremangalum Comorapah. 
Polliapah of Madras Merchant aged 55 years or thereabouts being produced 
as a Witness in this Cause on the part of the Defendant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 2 years and the Defendant 6 Months or thereabouts. 



Pleadings in the Mayor's Court, 1745 73 



8 th To the 8 th Interry this Deponent saith that he understands the good- 
ness and method of providing painted goods in India and that it is to be supposed 
there will be a Difference in the Goodness and price of the Commodities when a 
Merchant has a Long time allowed him to provide a quantity of Paintings for one 
Man & is Limitted to a short time to provide the same sort for another. Lias Dep . 
cannot say what might be that difference it depending Entirely on fortune and more 

saith not to this or the last Interrogatory. 

polliapah. 

Joseph Githin 

Exam r . 

Tonapah of Madras Merchant aged 40 years or thereabouts being produced as 
a Witness in this Cause on the part of the Defendant and afterwards being sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 10 years and the Defendant 3 months or thereabouts. 

8 th . To the 8 th . Interry this Deponent saith that he understands the Good- 
ness & method of providing Painted Goods in India He further saith that it is a pre- 
carious Trade and that there may and there may not be a Difference in regard to time 
as knowing merchants have purchased as Good Commodities and at as a Cheap a 
rate when Limitted to a short time as when they have had a long time allowed them 
and more saith not to this or the last Interrogatory. 



Tonnapah. 



Joseph Githin 

Exam r . 



Mayors Court at Tuesday the 11 th . day of June Anno Domini 

Madraspatnam. 1745. 

Between Coja Pagose Armenian of Madras 

Merchant Complainant 
and 

Coja Mirza de Muckertoom of the same place 

also Merchant Defendant 

This Cause coming on this day to be Heard and debated before this Court, in 
the presence of the Complainant, and the Attorneys on both sides On hearing the 
Complainants Bill, with an Account Current thereto annext, The Defend te . answer 
with an account Current and Translates of two Paragraphs of Letters from the Com- 
plainant thereto annext, the Replication with six Translates of Letters and of a 
Declaration of Coja Mall and an account thereto annext, The Rejoinder with two 
Translates of Paragraphs of the Plaintiffs Letters to the Defendant thereto annext, 
Translate of a Declaration of Coja Avicteek de Canaan and others on the behalf 
of the Complainant, an account particulars delivered into Court by the Defendant, 
also the Proofs taken in this Cause read and on Examination of the matters in this 
Cause what was alledged on either side and due Consideration had thereon This 
Court doth therefore think fit to order and Decree & doth accordingly order and 
Decree, That the Defendant do deliver up unto the Complainant the 37 pieces of 
Handkerchiefs and 14 pieces of Lachecks, ment d . in the pleadings in this Cause, 
and said in the Defendants Rejoinder to be now remaining in the Godowns at the 
Sea Gate, and also that the Defendant do pay unto the Complainant the full and Just 
Sum of 207 5/16 Madras Pag s . and 621 Pag s . Curr*. of Madras, so much appearing 
to be due to the Complainant for Ballance from the Defendant together with such 
Interest after the rate of 8 fJ Cent f? Annum as now is or shall hereafter become 
due thereon until full payment is made, and that the Complain*, do pay the Costs 
of this Suit. 

f Cur 
Noah Oasamajor 

Reg*. 

1745—10 



74 Records of Fort St. George 



12 th . March 1744. 



To the Honourable the Mayors Court at 
Madraspatnam. 



Humbly Complaining sheweth to this Honourable Court your orator Kircake 
Grecian Merchant at present residing in Madras eldest son of and Attorney for Sabel- 
les Perew Inhabitant of Allvaaintookore near Constantinople That one Simon Mucker 
also Grecian Merchant late of Madras but deceased; did borrow and receive of your 
Orators said Father and principal at two sev 1 . times two sums of money consisting 
of Lyon Dollars or Arssellannies 360 which sum in Rupees at the exchange of 126 
for 100 Arssellannies amounts to AE S . 4561 and is in Pagodas at the present 
Exchange of 335 AE S . $ 100 P s . 1377 Pag s . 35 f s . as $ the account hereunto 
annext will fully appear and your Orator further shews the said money was 
lent the deceased at two sev 1 . times at an Interest of 8-| ^ Cent |? Ann. which 
Interest was to be added to the Principal at the end of each year until the whole sho d . 
be paid and as Security for the said money the deced gave your orators said ffather 
two Notes or obligations the first bearing date at Sellomno the 7 May 1730 and the 
2 d . at Constantinople the 3 d . Nov 1 ", in the same year as 'f? two sev 1 . Translates here- 
unto annext will more fully appear both of which are Translated under Oath made 
before the Worshipfull Will m . Young Esq r . Mayor of Calcutta and attested under 
the seal of that Corporation, and your orator further shews that he being a Stranger 
thought it Convenient to prove his power of Attorney by the oaths of two Witnesses 
attested by the said William Young Esq r . one of whom was present at the Loan of 
the first 2000 Arssellanies and became a Witness to the Bond. 

Your orator further shews that the great distance he is at from his native land, 
the Witnesses to the Bonds dispersed in several parts of the world, and the Bonds 
being of some years standing, renders it almost Impossible to do more than to prove 
the deceaseds hand Writing which sev 1 . persons in this place are very well acquainted 
with, but the strongest proof in your orators favour is an Entry made in the deceased's 
own Writing in his own books now in the hands of the Eev d . Father Severin dated 
15 th . Oct 1 ". 1743 signed by himself some short time before his death the Exact 
Words of which, your orator cannot rehearse, but the substance thereof as near as 
possible from those who have read and Interpreted the same to the Pev d . Father 
Severin who refuses to lett your orator see it personally are to this Effect Viz*. 

I Simons Nichols declare these my Words are true that I took up and received 
of Bassava Sevolle Pereu money on two Bonds one for 2000 Arssallanaes and one 
for 620 Principal to pay every year Interest on Interest Till the Whole was repaid 
and thinking that I may dye to morrow make my Son in Law Argureemy Attorney 
& Give him full power In Trust to my Estate and he must pay Sevolle the principal 
Sum of 3260 Arsellances with Interest from the hour I took the money, till the 
hour it is repaid him Interest on Interest without deducting a Cash, and he must not 
stay till it is Demanded but pay it before if he disobey me in this he will answer it 
before God Signed Nichola Mucho I also Declare I have summ'd up the account of 
13 years Interest which is, being Interest on Interest to which I add three years to 
come being in all 16 years Interest which with the Principal Sums borrowed and 
making the Interest princ 1 . at the End of each year makes [lacuna] Entred in the 
year 1743 : 15 of Oct r . 

Your Orator further Informs this Honourable Court that though he hath forgot 
the sev 1 . sums yet they are fully mentioned in the deceds books, which with the other 
Credentials are all the proofs the nature of his Case will admitt off, and supposing 
his Time fully made out the party in Trust may plead that the Time is not Elapsed 
for rendering an account of the Deceaseds Estate to which your orator begs Leave 
to say that the present Complaint is not preferred in an Expectancy of an immediate 
payment, but purely meant to Clear and memorialize his Title to Enter his Claim 
in due time and Challenge any pretence which may be untimely urged when per- 
adventure he may be absent, and not in a Capacity of supporting his right, as being 
a merchant residing in a distant Country, and compelled by his Occupation to seek 



Pleadings in the Mayor's Court, 1745 75 

his bread in divers parts of the World, where his Trade and Interest, calls him, nor 
is possible he can Continue here in expence and Suspence so long as the deceaseds 
Executors may Enlarge their demand of further time for rendering an account to 
this Honourable Court of the Deceaseds Effects now in the Reverend Father Severins 
Possession. 

To the end therefore that the said Eev d . Father Severin or any other to whom 
the said Trust may hereafter devolve may upon his or their Corporal Oath true and 
perfect answer make to all and every the matters aforesaid as fully truly and Effect- 
ually to all Intents and purposes as if the same were here again repeated and 
Interrogated and that he may be Decreed to pay your orator his Principal and Interest 
or shew sufficient Cause if he can, why the same should not be paid or that he or 
any other Person interested in the Deceaseds Estate may admitt your Orators 
Demand or produce all Writings Bonds, Bills &c that any ways relate thereto and 
parlarly prays an order of this Honourable to have the Books of the deceased lodged 
with the Register till your Orator can regularly Translate the aforesaid Paragraph 
or any other therein Incerted to his Benefit, and that the Rev d . Father Severin or 
any othsr person In Trust for the Deceased's Estate or any part thereof may further 
set forth and say if he or they know ought of the Deceaseds Seal or Seals one or 
more and what is become of the same, and if in being, that every Seal of the 
deceased in his or their Custody or power be shewn and Compared with the Bonds 
now under Suit in presense of this Honourable Court or that your orator may 
obtain an Interlocutory order or Decree to attach the said monies in the hands of 
the Reverend Father Severin or in the hands of any other person to whom the said 
Trust shall hereafter devolve and that your orator may have such other General 
Relief in the premisses as may be agreeable to Equity and good Conscience. 

Henry Deveil 
Attorney for the Complainant. 



Copt of the 1 st . Bond made at a place called 
Sellemno dated the 7 th . day of May 1730. 

According to this my Present Writing I Nircolou Mucher, do confess to have No. i. 
Borrowed and received of Bassau Savolle the full and Just Sum of 2000 Arsellannies 
Current money of Sellemno paid me in new Zelottas, which Sum I promise to pay 
with Interest at 8-| fs Cent which Interest amounts to 170 Arsellannies ^ Ann (170) 
for Security of which I have hereunto set my hand and seal in the presence of sev 1 . 
Responsible Merchants dated in Sellemno 7 May 1730. 

SlMONES NlCCOLOU MuCHO. 

Registred in Book. H. H. Fol°. 126. 

? 

W M . Weston 

Reg r . of the Mayors Court of Calcutta. 

Witness 

Coja Athanas Saveajoghie. 
Constanteno del padre Attanass. 
Coja Kerreake Niccolow. 
Coja de Amendoss. 

W M . Weston 

Regr. 

(L. S.) 

1 745—10 A 



76 Records of Fort St. George 



STc.2. 



A Copy of the second Bond made at Constanti- 
nople dated the 3 day of Nov r . 1730. 

According to this my present Writing I Niccolow Mucho, do Confess to have 
borrowed and received of Bassau Savolle the full & just Sum of 1620 Arsellanies, 
which sum I promise to pay at the fair of Sollemno with the Interest due thereon 
the said above mentioned money I acknowledge to have been paid me in New Zellot- 
tas for which I have given this obligation unto which I have set my hand and seal in 
Constantinople the 3 d . day of Nov 1 ". 1730. 

SlMOANES NlCOLOW MUCHO. 

Reg d . in Book H. H. fo. 126. 

Witnessed by the under 
responsible Merchant. 

W M . Weston 
Reg r . of the Mayors Court of Calcutta. 

Coja Kerreaees Niccolow 

W M . Weston 
Reg r . 
(L. S.) 

Calcutta 27 th . Decern 1- . 1744. 

No. 3. This day appeared before me M r . Theodorous Foresty and declared on the 

Holy Evangelist that the Annexed Translations of the Orig 1 . Letter of Att?. of 
Savolles Pereu and of this first Bond of Simons Nicolou Mucho dated the 7 th . May 
at Sellemno 1730 & of the second Bond of Simons Nicolou Mucho dated at Constan- 
tinople the 3 d . Nov 1 ". 1730 are true and Just Translations and agree Exactly with 
the Originals to the best of his knowledge and belief. 

W M . Young 

Mayor. 

Calcutta 27 th . Decern 1 ". 1744. 

This day appeared before me Demetrius de Costa and Caja Athenas, who 

No. 4. declared on the Holy Evangelist that they were well acquainted with the hand 

Writing of Savolles Pereu and that to the Best of their knowledge and belief the 

Signeture of the Letter of Attorney of Savolles Pereu to which this is annexed, is 

the very hand Writing of him Savolles Pereu. 

W M . Young 

Mayor. 

Copt of a Power of Attorney Translated from the Greek Language. 

Know all men by these presents that I Savalles Pereu Have made ordained 
Ko - 5. Constituted and appointed & by these presents Do make ordain Constitute and 
appoint Kireake my Eldest son to be my true and Lawfull Attorney for me & in my 
Name to ask_Demand and receive of Simones Nicolou Mucho the sum of monev 
which is due to Me by the said Nicolou Mucho 's two Bonds wrote with his own hands 
one being for 2000 Arsellannies or Lyon Dollars, and the other for 1620 Arsellanies 
or Lyon Dollars both sums amounts, to the sum of 3620 Arsellanies or Lyon Dollars 
as he the said Nicolou Mucho has been so long a time absent, and not paying me; 
obliged to send my son and Attorney, to seek for him in India where he is at present, 
to demand the above ment d . money with the Interest that may be due thereon 
according to his Bonds one dated the 7 May and other 3 Nov 1 ". 1730 both being on 



Pleadings in the Mayor's Court, 1745 77 



the same year and as the said Simon Nicolou Mucho has not paid me the above 
mentioned sum of 3620 Arsellannies or Lyon Doll rs . with the Interest thereon in 
the place where he borrowed, and as he wrote me sev 1 . times he would, but never 
did for which reason I give full power to my Son and Atty. Kireake to sue and 
demand of the above ment d . Nicolou Mucho the above Sum of 3620 Arsell s . or Lyon 
Dollars with the Interest due thereon & my said Son and Attorneys Charges that he 
has been at on his Long Voyage to India to seek after him & do Confirm this by 
setting my hand & seal before the under written. 

Savalles Pereu. /^ "N 
Witnesses and Confirmed by the Archbishop of ( S P j 

Tornou named Anthen Row. \^_X 

Alliflercos Armasses, Jonanas Padra. 

Athanasseas Theodorow. 

Christos Sawolle. 

Georgeous Sawolle. 

Georgeous Theodrow, Slavrass Chresoscholou. 

Johnches Phalcoa. 

W M . Weston 
Reg*. 

(L S.) 

Lapresent est Interpretee mot par mot dell 
orriginal Gree in Engloises avec toute la fidelte, 
sur quoi Jayme Suis Susignez et Jay Confirme 
par mon Jurament. 

Theod w . Fore sty. 

Registered in Book H. H. FoK 125. 

W M . Weston 
Reg 1 ', of the Mayors Court of Calcutta. 

The Answer of F. Severin Executor of the Last 
Will and Testament of Simon Nicolas Mucho 
late of Madras Merchant deceased, to the Bill 
of Complaint of Kireake Grecian Eldest Son 
of and Attorney for Savalles Pereu Inhabitant 
of Allvaintokoore near Constantinople. 

This Defendant saving and reserving to himself all manner of Benefit and 
advantage of Exception to the many Errors and Imperfections in the said Bill con- 
tained for answer thereunto or unto so much as this Defendant is advised materially 
to make answer unto He this Defend*, answereth and saith. 

That he believes it may be true that the Deceased Simon Nicolas Mucho 
might have Borrowed of the Complainants Father the sums set forth in the Com- 
plainants Bill, and that the Translate of the Bond annext thereto, may be true, and 
that what the Complainant relates of the Writing in the Deceaseds Mucho' s Books, 
Concerning the present demand may be also true, which books and other papers of 
the Deceased, as also his Seal are now in this Defendants Custody, as Executor of 
the Deceased Mucho, and readv to be produced when this Honourable Court shall 
please so to order. 

This Defendant begs leave to Inform this Honourable Court with the reasons 
why he did not think it Safe for him as Executor to the deceased Mucho to comply 
with the Complainants demands of paying the Bonds under Suit, First This Defend- 
ant doth not know but there may be other Demands of the same nature on the 
Deceaseds Estate which cannot yet have been made because of the distance of the 
place where they have been Contracted, and that a Sufficient time ought to be allowed 



78 Records oj Fort St. George 

for the said Demands to be Legally made on this Defendant as Executor of the 
Deceaseds Will, to which End this Defendant has given due Notice of his Death to 
the Heir in the said Will named, and who this Defendant has been Informed is said 
to be coming from Turky to these parts, so that it would not be reasonable for this 
Defendant as Executor, to pay any one person in prejudice of another, who may 
have as Legal a Demand on the Deceaseds Estate. 

Secondly this Defendant was Informed by a person (of the same Nation as 
the Deceased Mucho) now residing in this place that one of the Complainants 
Brothers had formerly Stolen the very two original Bonds or obligations of the 
Deceased Mucho (which are now sued for by the Plaintiff) out of his Father Savolles 
Perew's house, and that the said Savelles Perews thereupon, wrote a Letter to the 
said Mucho not, to pay the said Bonds, which Letter of the said Savolles Perew, is 
now among the papers of the said Muchu in this Defendants Custody, a Translate 
whereof is hereunto annext, and in the opinion of this Defendant The Complainants 
Father was very remiss in not obtaining a Certificate under the hand of his Britan- 
nick Majesties Minister at the Ports, Certifying that he the Plaintiff is Son to the 
said Savolles Perew, which would have obviated any Difficulty that might have 
arisen on this head for if one Son stole the Bonds, another may very well Counter- 
feit his Fathers Sign and Seal. But this Defendant in no wise hereby Charges the 
Complainant with so doing and only offers this Eeflection in Consequence of the 
before mentioned Letter from Savolles Perew Concerning the Bonds taken by his 
other Son. 

Thirdly this Defendant begs leave to observe that the Translators of the 
Article relating to this debt said to be wrote in the Deceased Books are persons, 
seemingly in the Interest of the Complainant, and ought to be under oath, before 
any Credit should be given to such Translation and 

Lastly this Defendant does not think himself Empowered to pay a demand 
of this nature, contracted in a Distant Country, without the Sanction of a Decree of 
this Honourable Court, especially as no mention is made in the Deceaseds Will of 
any debts that he owed, nor has this Defendant yet Collected in all the Debts owing 
to the said Estate and this Defendant is ready to abide by any order or Decree of 
this Hofible Court in relation to the present demand. 

All w-hieh matters and things this Defendant humbly offers to the Considera- 
tion of this Honourable Court and prays to be hence dismissed with his reasonable 
Costs in this behalf most wrongfully sustained. 

Eob t . Sloper 
Alt,y. for the Defendant. 

Translation of a Paragraph of a Letter from Savales Perew ffather of the 
PI*, wrote in 1740 to the deced Simon Nich s . Mucho he tells him Viz*'. That if his 
Son, Cristo by name should come to him, with his nephew whose name is Thomas, 
with his two Bonds, you are not to pay them, because my said Son Cristo stole them 
from me, when I was in the Country at a place called Braxwo. 

23 July 1745. 

The Beplycation of Kercake Grecian Eldest 
Son of and Attorney for Savalles Perew Inhabi- 
tant of Allvaintokoore to the answer of F. Seve- 
rin Executor to the last Will and Testament of 
Simons Nich s . Mucho Deceased. 

The said Eepliant saying and reserving to himself all and all manner of 
Exception to Incertainties untruths and Insufficiencys of the said Answer for Eeply- 
cation threunto saith that all and singular the matters and things in this Eeplyants 
Bill contained are true, as the same are therein alledged and expressed that the 
answer thereto is very untrue Imperfect and Insufficient in the Law to be replied 
unto And this Eepliant further Saith. 



Pleadings in the Mayor's Court, 1745 79 



That the Defendants reasons for not paying the now demand may be very 
good, and this Defendant doth Confess a Limitted time is always allowed for 
Demands to be made upon the deceaseds Estate, but then publick Notice ought to 
be given to that Intent, which this Repliant desired the Defendant to apply for, but 
he refused so to do, which obliged this Replyant to Enter his Claim now, or be 
subject to a great Loss of time. 

The Defendants surmize about Counterfeiting the Principals hand, is very 
hard, and it is humbly hoped, that if two men are Brothers, both may not turn out 
alike, tor this Replyant doth admit his Brother did convey away the said Bonds 
now under Suit, from the Family, with a large sum of money, which was afterwards 
retaken by this Repliants pursuit after his said Brother, and this Repliant is Justly 
empowered to receive the same as "$ Translate of a Letter bearing date 23 of 
January 1743 Translated from the Deceaseds Letters and which with the other 
papers "hereunto annext will manifest this Repliants Title from No. 1 to 4 to which 
for Brevitys sake this Replyant most humbly referrs, the originals being all found 
in the Defendants Custody and Translated from thence & which was sufficient to 
set aside, the Defendants Surmizes. 

But this Replyant humbly begs Leave to offer the following matter to the 
Consideration of this Honourable Court, to which this Repliant in all things admitt, 
Whether this Repliant upon due proofs may not be paid his present demand, upon 
giving Good Security and Bond of Indemnification in case of Dormant Debt arise- 
ing hereafter or if not this Repliant prays a fixt time for receiving the said money 
and that the same may be attached or Lodged in the Cash of this Honourable Court 
till the time of payment and that this Honourable Court will grant an Interlocutory 
Order to that purpose; this Repliant also in a particular manner prays, that the 
Custom of this Repliants Cast may be considered by this Honourable Court, on 
account of Interest allowed by the Deceaseds in his Books as ^ the sev 1 . Translates 
annext will appear to be Confirmed by himself. All which matters and things this 
Repliant humbly submitts to the Judgment of this Honourable Court and in General 
prays as in and by his said Bill is already prayed. 

Henry Devejl 
Attorney for the Replyant. 

The money that I received of Bassa Sanly at Selemma amounts to 3500 Cruz 
which at 8 $ Cent $ Annum make 280 Cruz Interest, which were to be paid in 
1730 from which time till this day that I write this in Macao 12 years are Elapsed. 
I write this in 1742 to Compute What I am indebted reckoning Interest upon Interest. 



1730 


... 


. 280 


— 








1731 




. 302 


48 
















In 1734 Bassa 


Sauly received of Cagik Kiriaki 970 




582 


— 


1732 the Interest amounted to 


916 


— 












280 


— 




amounts 


to 






73 


32 


1733 


. 1269 





1731 










280 
110 


— 




1659 


— 












413 


— 



m 




Records of Fort St. George 








1735 


2072 









1736 made 


.. 


2518 


— 






1737 made 


... 


2999 


— 






1738 made 


. . 


3520 


— 






1739 made 




4001 


— 






1740 made 


.. 


4601 


— 






1741 made 


... 


5249 


— 






1742 made 


... 


5949 


— 






1743 made it 


. . 


6705 


— 






1744 made it 


... 


7521 


— 






1745 made it 




8367 


— 






17Jt3 made it 




9316 


40 






1747 made it 


... 


10342 


— 






1748 made it 




11430 


— 












Interest upon Interest 




The Principal was 




3500 


— 


amounted to 11430 




14930 


— 





Translated from a Portuguese Translation of an Extract from the Deceased 



Mucho's Books. 



Noah Casamajor. 



I Simon Nicholas Mucho Write these words in Madras the 15 th . Oct r . 1743 
that I am indebted to Bassa Sauly 3500 Cruz Zellattas of our Country, for which I 
gave two Bonds, one for 2000 Cruz the other for 1500 Cruz at 8 if! Cent :f) Annum 
which was paid me at Selemia in the Month of May 1730, but I dont remember the 
day of this money Kagi Kiriaki repaid Bassi Sauli and his Son Kirichy 970 Arsellanies, 
a little more or less, I dont remember how much it was Exactly that my Brother 
wrote me ; To make out the Account of Bassa Saulys money from the time I took 
it until the time it must be repaid him the Interest of each year must be added to it, 
The Interest of the 7 Bags of money amounts to 280 Arsellannies as I have a suffi- 
cient Fortune if my money gets safe to my native Country. If Bassa Sauly is alive, 
or if he be dead, his Children are his Heirs, I hereby recommend you to God, 
Arrieri my Son in Law and Constitute you my Attorney to pay this money ; the 
principal with' Interest upon Interest for the years that are past, until the very day 
of payment before they shall demand it of you; and further you are to make an 
account of the 970 Arsellannies that Cogi Kirraki paid Bassa Sauly and his Son, 
and deduct the amount of it. 

Simiones Wrote this and Consented Bassa Saulys Money, with compound 
Interest thereon for 10 years makes, according to the" account I have stated 7553 
Arselanies, I now add 3 years which are past, and it will at least require the space 
of 3 other years before it can be paid which, makes 6 years, those six years make 
Arsellannies &c. 

Until the day that I write this it is 13 years and makes Arsellanies 9522 the 
Principal and Interest amounts to so much for the 13 years that I have had the 
money. I add 3 other years to it, which make 16 years Bassa Saulys money The 
Principal with Interest upon Interest 12115 Arsellanies. 

Translated from a Portuguese Translate taken from an Extract of out of the 
Deceased Muchu's Books. 



Noah Casamajor. 



Pleudings in the Mayor's Court, 1745 81 



This is in the first place to enquire after your health, and secondly to acquaint 
you that I have been a long time expects, your coming or that you would my money,, 
but you have done neither, wherefore as I cannot go in person, I have sent your 
two Bonds by my Son Kirichy and have given him a power of Attorney, Witnessed 
by the under written persons, to receive my money with the Interest due on it, for 
the 13 years, that are past seem to me an age, and its very hard that my Heart must 
be made Sorrowful in my old age, but who can recall what is past, However upon 
Kirichys arrival with Gods Favour, as you are an old Merchant see that you give 
me satisfaction, because 1 have suffered many Losses in my Old age, and my only 
hope is in this: and I desire you to pay Kirichy what's due to me without delay, 
that he may not be retarded in his Return to me because God only knows what is to- 
happen. 

I wrote you formerly, if you have received my letter, that the two Bonds were- 
Lost, but I have recovered them again and given them to Kirichy to Igo and make 
an End of it and when he has received the money he may do what he thinks proper. 

Sauly Piro. 



Athanasius Theodore Son in Law to 
Sauly Piro Witnessed this. Kristo Son 
to Bassa Sauly Witnessed. George Son 
to Bassa Saulv wrote & Witnessed this 
the 23 d . January 1743. 

Translated from a Portuguese Translate of an Extract of 
the original Letter. 

Noah Casamajor. 



This is to acquaint you that we are arrived at Constantinople, and that we 
expect Janchi in 10 or 15 days he being arrived We met our Nephew Kirichy at 
Constantinople, who is getting ready to go to you, his Father sends your two Bonds 
by him, which he has given him for his Fortune, and he will give his other Sons neat 
money, He has given those Bonds to Kirichy with a power of attorney, which We 
have Signed, Which power of Attorney, he carrys to you and when you have it pay 
him his money, with what is due on it, you are "to keep 420 Cruz, I say 420 whicli 
was paid for Kiriachi, as to the 500 Cruz that he received of me when he married 
his Daughter Bassa Sauly has wrote me that he will pay me here as he had given the 
Bonds to Kirichy for his Inheritance, Wherefore I desire you when Kiriachi arrives, 
that you will give him good Assistance as he is a Stranger and our Nephew, What 
can I say more Brother who art in India, but that I Live in hope that We shall meet 
again. 

Kagi Kiriaki 
17 March 1743. Legitimate Brother to Nicholas Muchu. 

Translated from a Portuguese Translate of an Extract of the Original Letter. 

$ Noah Casamajor. 



Rejoinder General. 

Between Kircake Son to and Attorney of Savelles Peru Complainant. 

and 

Father Severin Executor of the Last Will and Testament of Simon 

Nicholas Muchu deceased Defendant. 
1745—11 



82 Records oj Fort St. George 



To the Honourable the Mayors Court at Madraspatnam. 

In Pursuance of an Order of Eeferrence made in this Cause on the 4 th . day of 
this Instant I have Stated an account of What is due to the Plaintiff from the Estate 
of Simon Nicholas Muchu Deceased and do find that there is due to the Complainant 
the Sum of 10887 Cruz and 71282 Dec 1 , parts which at 3 Cruz for 4 Zelottas and 
96 Arcott Eupees ^ 100 Zelottas make 13884 Arcot Eupees 9 pice as will appear 
by the Account Current hereto annext, All which I humbly Certify to this Honour- 
able Court Witness mv hand in Fort S 16 . George, this 11 th . day of June Anno Domini 
1745. 



Noah Casamajoe. 



Pleadings in the Mmjor's Court, 1745 



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1745— U-A 



84 Records of Fort St. George 



Mayors Court at 
Madraspatnam. 

Tuesday the 11 th . clay of June Anno Domini 1745 Between 
Kircake Son to and Attorney of Savolles Perew of Allvain- 
tookoove near Constantinople of Madras Complainant, 

and 
Father Several (Executor of the last Will and Testam*. of 
Simon Nicholas Muchu (late of Madras Merchant deceased) 
of the same place Defendant. 

This Cause coming on this day to be heard and debated before this Court in 
the presence of the parties and their Attorneys on both sides, on hearing the Com- 
plainants Bill with Translates of 2 Bonds of Simon Nicholas Muchu deced one dated 
the 7 th . May 1730 for 2000 Arsellanies the others 3 d . Nov r . 1730 for 1620 Arsella- 
nies, two Certificates under the hands of W m . Young Esq 1- . Mayor of Calcutta, and 
Translate of a power of attorney from Savolles Perew to the Plaintiff thereto annext, 
The Defendants answer with translate of a Paragraph of a Letter from Savolles 
Perew to the deceased Muchu thereunto an next, The Eeplycation with Translates 
■of two Articles out of the deceased Muchus Books, and of two Letters to him there- 
to annext, The Rejoinder an order made in this Cause on the 4 th . Instant, and the 
Registers Report with an account Current in pursuance thereof, Read and on Exa- 
mination of the matters in this Cause, what was alledged on either side and due 
Consideration had thereon, This Court doth therefore think fit to order and Decree 
and doth accordingly Order and Decree that the Defendant do pay unto the Com- 
plainant the full and Just Sum of 13884 Arcot Rupees and 9 Pice so much appearing 
to be due to the Complainant from the Estate of Simon Nich s . Muchu deceased, ac- 
cording to the before mentioned Report and Account, and also that the Costs of this 
Suit be paid by the Defendant out of the Deceased Muchu' s Estate, The Complai- 
nant having given Security in the afores d . Sum to refund in proportion in Case of 
.any Dormant debt on the aforesaid Estate until the 15 th . Sep 1 ', which will be in the 
year of our Lord 174G. 

"$ Noah Casamajor. 



4 th . June 1745. To the Honourable The Mayors 

Court at Madraspatnam. 

Humbly Complaining sheweth to this Honourable Court your orator Coja 
Muckertoom Armenian Merchant Factor, agent, and younger Brother to one Coja 
Baboozon, at present residing at Bengal That on the 21 January 1744 your orator 
did sell and dispose of Sundry Goods to a Mallabar Merchant Inhabitant of this place 
.at two months Trust, by name Vekepoorum [sic] Venkia and your orator did take his 
Note or obligation the above date for the sum of 464. 22. 40 and which note or obli- 
gation is drawn in the name of your orators said Elder Brother, for whom your 
orator is the acting person your orator also shews that the said Venkepoorum Venkia 
did also take up of your orator a further quantity of Bengal Taffetys to the amount 
of 89. 9 fanams for which Sum he also gave your orator one other note or obliga- 
tion bearing date the 8 th . of June 1744 which is also drawn in your orators said 
Elder Brothers name payable in two months from their several Debts and which two 
Sums added together makes 553. 31. 40 Curr*. of Madras which in Sterling 

s s d 

money of Great Britain allowing S ^3 Pagoda amounts to £.221 : 4. or there- 
abouts and your orator shews he has frequently in the most Friendly manner request- 
ed payment of your orators said money and Interest due thereon, But now so it is 
may it please this Honourable Court the said Venkepoorum Venkia absolutely 
refuses to give your orator the least Satisfaction in the premises. 

To the End therefore that the said Venkepoorum Venkia may upon his Corporal 
Oath true and perfect answer make to all and every the matters aforesaid as fully 



Pleadings in the Mayors Court, 1745 85 



truly and Effectually to all Intents and purposes as if the same was here again repeat- 
ed and Interrogated and be Decreed to pay your orator his principal and Interest 
due and that the Orator may have such other relief in the premisses as may be agree- 
able to Equity and good Conscience. 

Henry Deveil 
Attorney for the Complainant- 

8 th . June 1744. 

I Venkepooeum Vencatiah do hereby acknowledge to be Indebted to Ooja 
Babazoon in the Sum of 89. 9 fanams on account of a parcell of Bengal Tuffatys 
bought of him which Sum I hereby promise to discharge in two months from the 
date hereof and on default of such payment the said Sum is to run at Interest at 9 
'f? Cent and become payable on Demand. 

Venkepoorum Vencatiah. 

Witness 

Gundaveddee Subiah. 

Perraseram Moodu Eistna. 

drawn by Vellana Cunnia Sheveramiah. 

Translated from a paper Writing said to be the Original . 

Joseph Githin 
Exam T . 

21 st . June 1744. 

I Venkepoorum Vencatiah do hereby acknowledge to be Indebted to Coja 
Babazoon in the Sum of 464. 22. 40 on account of Goods bought of him which 
Sum I here promise to pay in two months from the date hereof and on Default of 
such payment the said Sum is to run at Interest at 9 ^ Cent and become payable on 
demand. 

Venkepoorum Vencatiah. 

Witness 

Gundaveddee Subiah. 

Perraseram Moodu Kistna. 

drawn by Vellana Cunnia Sheveramiah 

Translated from a paper Writing said to be the Original . 

Joseph Githin 

Exam T . 



Mayors Court at 
madraspatna.m. 



Tuesday the 2 d . day of July Anno Domini 1745. 
Between Coja Muckertoom Brother and agent 
to Coja Baboozon of Madras Merchant Com- 
plainant 

and 
Venkepoorum Venkatiah of the same place also 
Merchant Defendant. 



On reading the Complainants Bill with Translates of two paper bonds under 
the Defendants hand one dated the 8 th . June 1744 for Pag s . 89. 9 the other dated 
the 21 June 1744 for P s . 464. 22. 40 thereto aimext. The Defendant appeared in 
Court and acknowledged the Execution of the said Bonds and the Justness of the 
Complainants Demand, on due Consideration had, this Court doth therefore think 



86 Records of Fort St. George 



fit to order and Decree and doth accordingly order and Decree that the Defendant 
do pay unto the Complainant the full and Just sum of 553. 31. 40 Curr*. of Madras 
being the principal money of the two before mentioned Bonds, together with such 
Interest after the rate of 8 'fJ Cent 'fJ annum as now is or shall hereafter become 
due thereon, until full payment is made and also the Costs of this Suit. 

;$ Cue 
Noah Casamajor 

Reg r . 



18 th . June 1745. 

To the Honourable the Mayors Court at Madras- 

PATNAM. 

Humbly Complaining sheweth unto this Honourable Court your orator Atta- 
putta Comrapah Merchant Inhabitant of Madras That one Cambalinga Chitty also 
Inhabitant of this place did apply to your orator for the Loan of a Sum of money 
at whose request your orator did advance and lend to the said Cambalinga Chitty 
the full and just sum of 169. 20. 56 which in Sterling money of Great Britain 

s lb s d 

accounting each Pagoda at the rate of 8 amounts to 67. 16. 6 or thereabouts to 
secure the repayment of which the said Cambalinga Chitty did sign and give to your 
orator one Cadjan Note or Writing bearing date in Madras the 30 th . day of March 
which was in the year of our Lord 1744/5 thereby promising to pay your orator on 
demand the before recited Sum with Interest thereon at the rate of 9 ^ Cent ^ anfi 
and your orator shews that he has requested of the said Cambalinga Chitty sundry 
times in the most friendly manner to discharge his said obligation to your orator. 
But now so it is the said Cambalinga refuses to give your orator any Satisfaction in 
the premisses. To the end therefore that the said Cambalinga Chitty may upon 
his Corporal oath true and perfect answer make to all and singular the matters and 
things aforesaid as fully and truly to all Intents and purposes as if the same were 
here again repeated and Interrogated and be decreed to pay your orator the princi- 
pal and Interest due on the said Obligation and that your orator may have such 

further & other relief in the premes as shall be agreeable to Equity and Good 
Conscience. 

Rob t . Sloper 
Attorney for the Complainant. 



30 th . March 1745 Madraspatnam. 

I Combalinga Chitty Son of Pyrrhisude Chitty do hereby acknowledge to have 
Borrowed and received of Attaputtee Comrapah Chitty the sum of 169. 20. 56 
which Sum I promise to pay on Demand with Interest at 9 ifJ Cent. 

Combalingum. 

Witness 

Tommoota Nina Chitty. 
Normacorra Vencata Chitty. 
drawn by Moorigopilla. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r 



Pleadings in the Mayor's Court, 1745 87 



Mayors Court at 
Madraspatnam. 

Tuesday the 2 cl . day of July Anno Dmi 1745. 
Between Attaputtee Comrapah of Madras Mer- 
chant Complainant. 

and 
Combalinga Chitty of the same place Inhabitant 
Defendant. 
On hearing the Complainants Bill with Translate of a Cadjan Bond under the 
Defendants hand dated the 30 March 1745 for Pag s . 169. 20. 56 thereto annext, 
the Defendant being in Court acknowledged the Execution thereof and the Justness 
of the Complainants demand on due Consideration had this Court doth therefore 
think fit to order and Decree and doth accordingly order and Decree that the Defend- 
ant do pay unto the Complainant the full and Just Sum of P s . 169. 20. 56. Current 
••of Madras" tog 1 ", with such Interest after the rate of 8 $ Cent if! Annum as now is or 
shall hereafter become due thereon until full payment is made and also the Costs 
• of this Suit. 

!$ Cur 
Noah Casamajor 

Regr. 



21 st . May 1745. 

To THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

Humbly Complaining Sheweth unto this Honourable Court your orator Cud- 
dalore Venciah Braminy of Madras that Cashua Chitty Audeapa being in want of 
money did request your orator to procure him 400 Pag s . for 8 Months on a Mortgage, 
whereupon your orator applied himself to Mylapore Comrapah desiring him to 
personate the Lender of that Sum to the said Audeapah and take Securities for it in 
his name and your orator would furnish him with money to lend, Comrapah agreed 
so to do, your orator then gave him the money and he Comrapah carried it to 
Audeapah who for Securing the Repayment of that Sum gave Comrapah a Bond 
payable in 8 months from its date which was on the 3 d . day of February 1733/4 as 
will appear ifJ Translate of said Bond for this Honourable Courts Inspection here- 
unto annexed to which your orator most humbly referrs and prays the same may 
be admitted as part of this your orators Bill of Complaint the original being now in 
your orators Custody and ready to be produced as this Honourable Court shall 
please to Direct And your Orator shews further unto this Honourable Court that 
in and by the said Bond it is Stipulated and will appear that Audeapah did mortgage 
unto Mylapore Comrapah one house situate in the Black Town which house being 
the property of the Peddanaigue had before been Mortgaged by him to Cashua Chitty 
Audeapah which house the said Comrapah was posses rent Free and in Considera- 
tion thereof no Interest was to be paid by the said Cashua Chitty Audeapah. now 
your orator shews further unto this Honourable Court that notwithstanding the 
Tenour of the Bond aforesaid and that your orator was is in possession of theTitle 
Deeds of the said Mortgaged premisses yet Cashua Chitty Audeapah kept Possession 
of and occupied the mortgaged premisses himself Wherefore your Orator humbly 
Conceives he is Intitled to demand Interest which your orator prays mav be allowed 
him from the day of the date of the aforementioned Bond until the day the whole 
debt shall be discharged and Your Orator further shews that tho' the before men- 
tioned Bond is drawn in the name of Mylapore Comrapah the property thereof rests 
solely in your orator and your orator further shews unto this Honourable Court 
that since the before mentioned Transactions happened Cashua Chitty Audeapah 
before mentioned has departed this life leaving behind him an Estate sufficient to 
pay your orator with a Considerable Overplus which Estate is in the possession of 



gg Records oj Fort St. George 



the following persons Viz*. Bookangee Cossidoss, Trivati Sashachelum, Ragoor 
Veeragua Chitty, Narlum Jaggoo who are appointed Trustees of whom your orator 
hath often in Amicable manner demanded payment of the above recited Sum with. 
Interest. 

But now so it is May it please this Hofible Court the said Trustees refuse to 
give your Orator any manner of Satisfaction your orator therefore prays the said 
Trustees may be Compelled to pay your Orators Demand and that your Orator may 
have a General Relief touching the premisses such as to this Honourable Court 
shall appear agreeable to Equity and good Conscience. 

WlLLTAM DUMBLETON 

Att'J, for the Compl*. 

3 d . February 1743/4 Madraspatnam. 

I Cassuva Chitty Adiapah do hereby acknowledged to have borrowed and 
received of Mile Cornorapa Moodelare the sum of 400 P s . Curr*. of Madras for 
Securing the repayment of which Sum in S months from the date hereof I remort- 
gage Moocundaraiens house Mortgaged to me bv Peddanaigue and on default of 
paym*. at the time above Limitted the said Comropah is to have the. use of the said 
house in Consideration of Interest till the debt is discharged. 

Oassuva Chitty Adipa. 
Witness 

Viriche Cornorapa Moodelare. 
Ambala Tada Chitty. 
drawn by Munnella Chinnatombv. 
Translated from a Cadjan s cl . to be the original. 

Joseph Githin 

Exam r . 



Mayors Court at Tuesday the 2 d . day of July Anno Dmi 1745. 

Madraspatnam. Between Cuddalore Venciah of Madras Braminy Complai- 

nant 

and 

Bookangee Cossadoss, Trevati Sasaschelum Ragoore Vee- 
ragua Chitty and Narlum Jaggoo Trustees to the Estate of 
Cashua Chitty Audeapa deced of the same place Mei-ch^. 
Defend ts . 

On hearing the Compl ts . Bill with Translate of a Cadjan Mortgage Bond dated 
the 3 d . February 1743/4 under the hand of Casuva Chitty Adipa for Pag s . 400 there- 
to annext read, and it appearing to this Court that the Defendants have been served 
with the Regular process to answer the Complainants Bill but wilfully and obsti- 
nately refusing so to do, On due Consideration had This Court doth therefore think 
fit to order and Decree and doth accordingly Order and Decree That the Defendant- 
do pay unto the Complainant the full and just sum of 400 Pag s . Current of Madras 
being the principal money of the prementioned Mortgage Bond, together with such 
Interest after the rate of 8 ^ Cent ^ Annum as now is or shall hereafter become 
due thereon until full payment is made and also the Costs of this Suit and in default 
of payment at or before 21 days from the date hereof that the Mortgaged premisses 
be sold & the money arising from such Sale paid unto the Complainant in and towards 
the discharge of his said Debt and Costs. 

S$ Cur 

Noah Casamajor 

Reef. 



31 st . May 1745. 



Pleadings in the Mayor's Court, 1745 && 



to the honourable the mayors: 
Court at Madraspatnam. 



Humbly complaining Sheweth unto this Honourable Court your Orator Myla- 
pore Comrapah of Madras Merchant Inhabitant having had Sundry Dealings with 
one Peryanah also of the place aforesaid Merchant He the said Peryanah having 
Occasion for a Sum of money did apply himself to your Orator requesting the Loan 
thereof Whereupon your orator did advance and Lend him the said Peryanah the 
full and just sum of (P. 40) Current money of Madras which in Sterling money of 

s 

Great Britain accounting each Pagoda, 8 amounts to (£16) or thereabouts for 
securing the Repayment of which he the said Peryanah did make Sign and Give unto, 
your orator one Cadjan Note Bond or Writing Obligatory bearing date in Fort S*. 
George June the 20 th . which was in the year of our Lord 1744 as will appear ^ 
Translate of said Bond for the Inspection of this Honourable Court hereunto annext 
to which your orator most humbly referrs & prays the same may be admitted as 
part of tins your orators Bill of Complaint, the Original being in your Orators Cus- 
tody ready to be produced as this Honourable Court shall please to direct, and your 
Orator further shews that he has often in the most amicable manner demanded pay- 
ment of the before mentioned Sum with Interest accrewing thereon. 

But now so it is May it please this Honourable Court the said Peryana Wilfully 
and obstinately refuses to give your orator any manner of Satisfaction your Orator 
therefore prays a Gen 1 , relief touching the premisses such as to this Honble Court 
shall appear agreeable to Equity and good Conscience. 

To the End therefore that the said Peryanah, may upon his Corporal Oath true 
and perfect answer make to all and singular the matters and things herein before 
alledged and set forth as fully truly and Effectually to all Intents and purposes as if 
the same were here again repeated and Interrogated and be Decreed to pay your 
orator his full Principal with such Interest as now is or shall hereafter become' due 
thereon until full payment be made and also that your orator shall be Decreed to 
receive from the said Peryanah all such Costs and' Charges as have arisen or shall 
hereafter arise in Consequence of this Suit. 

William Dumbleton 
Attorney for the Complainant. 



20 th . June 1744 Madraspatnam. 

I Perianah son of Vokapa Moodelare do hereby acknowledge to have Borrow- 
ed and received of Mile Comorapa Moodelare the Sum of 40 P s . Curr*. of Madras 
which Sum I promise to pay on Demand with Interest at 9| Cent. 

Perianah. 
Witness 

Trevenbalum Pandarum. 

Sadasheven. 

drawn by Vicunda Vauteer. 



Translated from a Cadjan said to be the Original. 



1745—12 



Joseph Githin 

Exam T . 



<H> Records of Fort St. George 



Mayors Court at Tuesday the 2 d . day of June Anno Domini 1745 Between 

Madraspatnam. Mylapore Comrapah of Madras, Merchant Complainant 

and 

Peryanah of the same place also Merchant Defendant. 

On hearing the Complainants Bill with Translate of a Cadjan Bond under the 
Def te . hand dated the 20 June 1744 for Pag s . 40 thereto annext read, The Def*. 
appeared in Court and acknowledged the Execution of the afs d . Bond, and it appear- 
ing to this Court that the Defendant hath been served with the Regular process to 

answer the Complts Bill but Wilfully and obstinately refusing so to do, on due Con- 
sideration had, This Court doth therefore think fit to order and Decree and doth 
accordingly order and Decree, that the Defendant do pay unto the Compl*. the full 
and Just Sum of 40 Pag s . Current of Madras, being the principal money of the before 
mentioned Bond together with such Interest after the rate of 8 $ Cent ^ Ann as 
now is or shall hereafter become due thereon until full payment is made and also 
the Costs of this Suit, The Complainant having made Oath to the truth of his De- 
mand, 

$ Cur 
Noah Casamajor 

Re,f. 

10 May ]743. 

To the Honourable the Mayors Court at 
Madraspatnam. 

Humbly Complaining sheweth unto this Honourable Court your orator Tomby 
Cliitty Merchant of Madras was in the year 1724 applied to by one Hyeronimo 
Monteiro also then residing within the place aforesaid who requested your Orator 
to lend him a Sum of money at Respondentia whereupon your Orator advanced and 
lent him the said Hyeronimo Monteiro the full and Just Sum of 650 Pag s . at one 
time and 100 Pag s . more on the same day which two Sums were to run at Respon- 
dentia upon the Ship Arcot from this Port of Madras to that of Manilha and back 
again to this Port after the rate of 21 ^ Cent premium for the Voyage Provided the 
said Voyage should be accomplished within the usual Term or one year But if the 
Remittance of your Orators Respondentia should be delayed longer than that Term 
than your orator should receive 10 ^ Cent Interest for all the time above that Term 
till the day of payment and further that in Case of non payment by the said Hyero- 
nimo Monteiro then one Estra Gregoria Inhabitant of this place would discharge 
it for him which she obliged herself to perform by two Bonds bearing date Julv 
the 19 th . in the year above mentioned Translates of which Bonds for the Inspection 
•of this Honourable Court are hereunto annext to which your Orator most humbly 
referrs and prays the same may be admitted as part of your Orators Bill and your 
Orator further shews it is now near 18 years since the said Obligations were Entred 
into by the said Hyeronimo Monteiro and Estra Gregoria so that your orators Princi- 
pal Premium and Interest at 8 f? Cent thereon is now amounted to Pa s . 2211. 25. 31. 

s 

which in Sterling money of Great Britain accounting each Pag s . 8 amounts to 

lb s 

884. 13. or thereabouts yet for all the debt has been so long standing the said 
Estra Gregoria Pereira and Fransisco Pereira her husband because the said 
Hyeronimo Monteiro is not on the Spot absolutely refuse to pay your Orators Demand 
tho' they have both been Jointly and Separately requested in the most amicable 
manner so to do Your Orator therefore prays a General relief touching the Pre- 
misses such as to this Honourable Court shall appear agreeable to Equity and good 
•Conscience. 

To the end therefore that the said Fransisco Pereira and Estra Gregoria 
Periara's his Wife may upon their Corporal Oaths true and perfect answer Jointly 
■or Separately make to all and singular the matters and things herein before alledged 



Pleading* in the Mayors Court, 174b 91 

and set forth as fully truly and Effectually to all intents and purposes as if the same 
were here again repeated and Interrogated and that they may particularly set forth 
and say whether your Orator hath not often in the most amicable manner Demanded 
payment if yea shew their reasons why they did not comply with the said Demand 
and that they be Decreed to pay your Orator the full and just Sum of 2211. 25. 31 
due as f? Account Current hereunto annexed to which your orator most humbly 
referrs and prays the same may be admitted as part of your Orators Bill. 

William Dumbleton 
Attorney for the Complainant. 

I Hyeronimo Monterio of Madras Inhabitant do hereby acknowl. to have- 
taken up and received from the hands of Tomby Chitty 650 Pag s . Ourc*. money of 
Madras to run at Respondentia upon Ship Arcot (Whereof SeBastian Teixeira d? 
Britto is Commander) from this Port to that of Manilha after the rate of 21 '^ Cent 
and the residue to be returned on the said Ship or on any other I shall come upon ; 
and in Case I should Winter there I shall remitt the risque 'f? Sure hands, but if the 
Ship should Winter there, I shall pay 10 ^ Cent Land Interest as Customary, or as 
others voyaging thither shall pay it, and on my Arrival after 21 davs I shall pay 
the Principal and Respondentia, but in Case of non payment Senhora Estra Gre- 
goria shall be obliged to give full Satisfaction Dated in Madras this 19 th . dav of 
July 1724. 

Sisned Hyeronimo Monteiro 



Witness 

Lourenso V : Buijtendijck 



Estra Gregoria. 



William Dumbleton 
AWJ. jor the Obligee. 

I Hyeronimo Monteiro of Madras Inhabitant do hereby acknowledge to have 
taken up and received from the hands of Tomby Chitty 100 Pag s . Current money 
of Madras, to run at Eespondentia upon Ship Arcot (whereof SeBastian Teixeira 
de Britto is Commander) from this port to that of Manilha, after the rate of 24 $ 
Cent and the risque to be returned on the said Ship, or on any other I shall come 
upon, and in Case I shall Winter there I shall remitt the risque f Surchand but if 
the Ship should Winter I shall pay 10 ^ Cent Land Interest as Customary, or as 
others Voyaging thither shall pay it; and on my arrival after 21 clays I shall pay the 
Principal and Eespondentia, but in Case of non payment Senhora Estra Gregoria 
shall be obliged to give full Satisfaction Dated in Madras this 19 th . day of July 1724.. 

Signed Hyeronimo Monteiro. 

Estra Gregoria. 
Witness 

Joam de Almeida de Amaral. 

Lourenso V. Buijtendijck. 

William Dumbleton 

Attorney jor the Obligee. 



1745— 12a 



$2 



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Pleadings in the Mayor's Court, 1745 9$ 



.26 th . July 1743. 

The Answer of Estra Gregoria of Madras 
Femme Covert, to the Bill of Complaint of 
Tornby Chitty of the said place Merchant Com- 
plainant. 

This Defendant saving and reserving to herself all manner of Benefit and 
.advantage of Exception to the manifold Errors and Insufficieneys in the Com- 
plainants Bill contained for Answer thereunto or to so much thereof as this Defend- 
ant is advised, materially Concerns her to make Answer unto, She this Defendant 
. answer eth and saith. 

That this Defendant Believes there is such Bonds in the Complain* 8 . Custody 
as set forth by the Complainants said Bill of Complaint and upon such Terms as is 
therein mentioned But this Defendant thinks she is very unkindly Treated by the 
Defendant for the several reasons hereafter set forth, and hopes this Honourable 
Court will Assist the Weakness of this Defendants Ignorance in all such matters 
wherein the Consideration of this Honourable Court can relieve this Defendant 
under the present Hard Case. 

First This Defendant humbly Conceives it is very unfair of the Complainant, to 
have been silent in his present demand now near 18 or 19 years this Defendant having 
been so long in this place unmolested on this account, and the said Bonds never 
demanded of this Defendant or her husband, through which means this Defend*, 
is liable to be distressed and ruined Whereas had any timely notice being given, this 
Defendant hath had it several times in her power to have attached Effects off. or 
got Security from the person for whom this Defendant is said to be answerable. 

Secondly Why should this Defendant be torn to pieces and utterly ruined for a 
Debt this Defendant never Contracted nor received any Profit by, when the person 
who is really answerable is very able to pay at Manilha and has in this place a Wife 
and Family in a very Flourishing Condition and possessed of Houses and Valueable 
Effects, why should not the Wife of him who gave the Bonds under Suit be as 
Lyable to this Demand as this Defendant Since marriage in Equity can be no more 
her protection then it is this Defendants. 

Thirdly This Defendant humbly Conceives the Complainant ought in Conscience 
.and Equity to have made his first Demand of the principal, and have given this Def*. 
some account of his Denial as a Warning, whereby this Defendant would have many 
years since attached the said money by some means or other, through which default 
of the Complainants This Defendant is a Sufferer by the Complainants account 
Several 100 Pag s . arising from a 10 ^ Cent Interest which could not have happned 
had the principal been paid so many years ago, and which this Defendant would 
have certainly discharged upon any timely Notice by way of a Demand. 

Fourthly and Lastly this Defendant humbly prays for a short time to be allowed 
her to the Intent she may Write to and receive an answer from Manilha the Com- 
plainant having surprized this Defendant with an unexpected Demand, on another 
persons account of many years Standing, and which till now was never Laid to this 
Defendants Charge, tho' this Defendant has had several accounts of and Concerns 
Tinder and with the Complainant of respondentia Bonds, and otherways yet on the 
return of such Bonds to this place accounts have been several times Ballanced, Dis- 
putes and Suits at Law have arose, and nothing ever mentioned of the present 
Demand or included in any account to the Complainants Credit with this Defendant. 

All which matters and things this Defendant is readv to averr maintain and 
prove as this Honourable Court shall direct and humbly prays to be hence dismissed 
-with her reasonable Costs in this behalf most Wrongfully sustained. 

Henry Deveil 
Attorney for the Defendant 



94 Records of Fort St. George 



2 d . Aug 1 . 1743. 

The Replycation of Tomby Chitty of Madras 

Merchant Complainant to the Answer of Coja 

Estra Gregoria Perreira of the same place 

Defendant. 

This Replyant now and at all times hereafter saving and reserving to himself 

all and all manner of Benefit and advantage of Exception to the said answer for 

Replycation thereunto saith that all and singular the matters and things in this' 

Repliants Bill are certain True as they and every of them are therein alledged and 

Expressed and that the Defendants Answer to the said Bill is very untrue Imperfect 

and Insufficient in the Law to be replied unto and this Replyant further saith. 

That this Replyant is surprized at the Confidence of the Defendant in asserting 
this Replyant hath not for 18 or 19 years past made any Demand of the money now 
sued for for this Replyant doth averr he hath himself in person gone several times 
to the house of the Defendant in the Chepauk and made demand of the money now 
sued for and this Replyant doth averr he hath sent many times Servants to make 
demand of the money now sued for, from the Defendant in Madras and hath often 
sent Servants and Letters to the Defendant when in the Country Demanding of the- 
Defendant a part of the Debt if it did not Suit her Conveniency to pay the whole 
nay what is particularly worthy notice is about 13 years past, this Replyant pressed 
the Defendant for payment of the money now sued for at which time the Defendant 
desired this Replyant to have patience till she could Write to and receive an answer 
from Manilha which this Repliant Complied with and the Defendant either did or 
made this Repliant believe she did Write to Manilha on account of the money now 
demanded and the said Defendant pretended to receive answer from Manilha that 
the money should be remitted next Season this pretence prevailed on this Defend 1 . 
to have patience till next Season and such like Excuses made this Defendant yet 
wait another season, But the 3 d . year being Elapsed and no money come this Replyant 
told the now Defendant he would be Trifled with no longer, and if the whole or "part 
of this Repliants demand was not forthwith paid he would have recourse to Law for 
the Recovery of it at this Threat the now Defendant at that time seem'd Terrified 
and finding the Old Story of Writing to Manilha was worn thread bear, and would 
not pass any more on this Replyant she now pretends she Expects large sums of 
money out of the Inland Countrys and prays this Repliant to Grant her a months 
space to write to and receive answer from the Country this request the Complyant 
replied with and the month being expired this Reply*, again sent to Demand his 
money but instead of receiving that, received news "that the now Defendant was 
gone up the Country, this was the Defendants ungrateful) Return for the 4 or 5 years 
Indulgence this Repliant Granted her, yet notwithstanding this Repliant has had all 
this Trouble to recover his just due the Def 1 . Exclaims in her answer against this 
Replyant for taking Legal measures to obtain bis Right in short this Replyant doth 
averr there has not for the 13 Last Years one past without Demand having been 
made either by Letter Messenger or in person by this Replyant. 

All which matters and things this Replyant is ready to averr maintain and' 
prove and humbly prays as in and by his said Bill he has already prayed. 

William Dumbleton 
Attn, for the Replyant. 

23 d . August 1743. 

To the Honourable the Mayors Court at 
Madraspatnam. 

The Rejoinder of Estra Gregoria to the Replycation of 

Tomby Chitty of Madras Complainant. 
This Defendant saving and reserving to herself all manner of Benefit and 
advantage of Exception to the manifold Errors incertainties untruths and Insuffi- 
ciencies of the said Replycation Saith that her answer is certain True and sufficient 
in the Law to be replied unto and this Defendant further saith. 



Pleadings in the Mayor's Court, 17dLb 95 

That the Complainant never made any demand of this Defendant for the 
Contents of the Bonds now under suit till but a short time ago when the Complainant 
made this Defendant a Visit, and bringing with him the said Bonds desired this 
Defend* to lend him 500 Pag s . upon the said Bonds, But this Defendant not then 
having money could not comply with the Complainants request But directed the 
•Complainant with the said Bonds to the house of Hyeronimo Monteiro, and with 
him sent one of this Defendants Servants at the Repliants request. 

This Defendant further saith that the said Hyeronimo Monteiro is both able 
(and as this Def fc . bel s .) willing to discharge the said Bonds upon applyca being made 
.to him and this Def*. begs the Notice of this Hoiible Court to observe that she has 
received no Consid". for Signing the said Bonds But only acted for both parties as 
a Mediator and Friend for both parties, The profit of the Lender and Borrower was 
wholly Intended to be their own and after all this Defendant has great reason to 
believe the said money is actually paid in part or the whole for the Complainant has 
sent over sev 1 . Letters of Attorney to Demand and recover the same the last of which 
.as this Defendant believes was in the year 1739 an attested Copy of which is here- 
unto annext as taken from the Portugueze Notary Publick by whom all matters of 
this kind is Transacted for persons who belong to this Defendants Church, So that 
in short the Complainant is using his Methods with the principal at Manilha for pay- 
ment of this money, and at the same time is Distressing this Defendant here and 
how hard must this Defendants Case be if the money should be paid in Manilha, 
while this Defendants ruin at stake, By an unnecessary Suit here Commenced for 
powers of Attorneyship being remitted, there is also a Court of Judicature as well 
as here for the Recovery of the Debts. 

Wherefore this Defendant hopes this Honourable Court will suspend the 
Judgment of this Honourable Court till such methods may be taken for Information 
on the foregoing allegations as this Honourable Court shall seem meet. 

And this Defendant saith as in and by her said Answer she hath already said &c. 

Henry Deveil 
Attorney for the Defendant. 

Declaro eu Simao Boutett ter Recebido das Maos de Tamby Chitty Coatro 
treslados dos Conhecim Vs. que Hyeronimo Monteiro the passau por varias Contia 
de Dinheiro que elle tomou a Responder para Manilha Como Se segue. 

Hu Treslado de Coatro Centos pagodas to Mados em 29 de 
Julho de 1724 a 20 $ Cento Principal 400 — — 

Hu Treslado de Seis Centos e Sinceenta pg s . to Alados em 

30 de Julho de 1724 a 21 $ Cento Princ' 650 — — 

Hu Treslado de Cem pag s . to mados em 30 de Julho de 

1724 @ 24 ^ Cento princ 100 — — 

Hu Treslado de Vinte Serico pag s . to mados om 31 de 

Julho de 1724 a 20 1 Cento princ 25 — — 



Pagodes ... 1175 — 



A Sobre dita Contia Levandome Deos a Salvamento a Cidade de Manilha fico 
de Cobra em Vertude da Carta de procuracao 9 p a . este effecto Leoo, Coma Sua 
Respondencia eganhos retartados, $ Melhor forma que puder Ser, em Cobrando 
fico de Frazer aymportancia da Cobranca em Minha Comp a . no barco em que vier 
embarcado por Conta e Risco do dito Tamby Chitty, Nao Vendo prom etc a Remeter 
no primeiro barco que S'ahir desse porto. em falla desee p ls . barco de Pondichery 
Rebaixando Catorre $ C to . da Commissao que me a bona odito Tamby Chitty 
Madrasp™. 27 de Julho de 1739. 



96 Records of Fort St. George 



. Eu Tabeliao & Escrivao publico das Catholicos Romanos Nesta Cidade, as 
petitorio de Str a . Estra Gregoria Revendo Omeu Cartorio a Chey Oburrao declaracao 
que passou simao Boulett a Tamby Cliitty Cuga Copia he atras escrita do yejrbo- 
adoerbum, em fe do que me a Siney Madrasp 111 . 20 de Agosto 1743. 

F r . co . De Sqr a . Pelxoto. 

Escrivas publico 



Interrogatories to be delivered to such Wit- 
nesses as shall be produced Sworn and Examined 
on the part and behalf of the Complainant in a 
certain Cause wherein one Tomby Chitty is 
Compl*. and one Estra Gregoria is Defendant. 

To all the Witnesses Imprimis do you know the parties Complainant and 
Defendant or either of them and how long have you known them or either of them 
and which of them Declare. 

2 d . To Aundiapah Item Was you ever sent by one of the Contending parties to- 
the other if yea, which of them sent you to the other, on what account was you sent, 
what passed between you and the person to whom you were sent, was you ever 
sent more than once. Set forth how long it may be ago that you were sent Declare. 

3 d . To Conasava Chitty and Moodu Rangapa Chitty Item Were you ever- 
sent by one of the Contending parties to the other if yea, say how many times you 
went, how long ago each time may be, and what passed between you and the person 
to whom you were sent was you ever in Company with any other person at the 
house of the Defendant If yea What passed Declare. 

4 th . To all the Witnesses Item Do you know any other matter or thing 
material for the Complainant If yea set forth the same as you know have heard or 
do believe with the reasons of or such your Knowledge or Belief Declare. 

William Dumbleton 
Attorney for the Complainant. 



Mayors Court at 

Madraspatnam. 

Between Tomby Chitty Complainant 

and 
Estra Gregoria Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Aundeapah of Madras Servant to the Complainant aged 47 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant was on 
the 7 th . day of October 1744 shewn at the office of M r . Henry Deveil Attorney for 
the Defendant by Connecapa who left a note of the name Title and place of abode of 
the said Aundeapah and afterwards on the same day being Sworn and examined 
Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the parties 
Complainant and Defendant in this Cause and hath so known them 30 years or there- 
abouts . 

2 d . To the second Interrogatory this Depcaent .saith that the Complain*, sent 
him to the Defendant about 17 years ago to Demand payment of her, of Hyeronimo 
Monteiro's Bond for the which she was Bound when the Defendant entreated this 
Deponent to advise the Complainant to make Don Hyeronimo (who was then going 
to Manilha) his Attorney, and provided payment was not made to him there, she 
would satisfy the Complain*, on his return He furt r saith that he hath since made 



Pleadings in the Mayor's Court, 1745 9T 



several Demands thereof but was as often answered that payment was not due from 
her till Hyeronimo Monteiro was arrived here and had faultered in payment 21 days 

after his Arrival and more saith not to this or the last Tnterry. 

Aundeapah. 

Joseph Githin 

Exam T . 



Consara Chitty of Madras Merchant aged 80 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

To the first Interry this Deponent saith that he hath known the Compl*. 32 years 
and the Defendant 22 years or thereabouts. 

3 d . To the third Interrogatory this Deponent saith that he was sent by the 
Complainant to the Complainant [sicl three times to demand the Contents of a Bond 
given by Heironimo Monteiro for the payment of which she was bound the first time 
which is about 18 or 19 years as also the second time about 11 years ago the Defend- 
ant answered that she would write to Hyeronimo Monteiro about it, and that she 
would see him satisfied and the last time, which is 3 or 4 years past or thereabouts, 
the Complainants Brother being with him the Defendant answered she would talk 
with the Compl*. and further saith not to this or the last Interrogatory. 

CONSAVA. 

Joseph Githin 

Exam r . 



Moodu Bangapa Chitty of Madras Merchant aged 50 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant and 
afterwards being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Compl*. 20 years and the Defendant he hath known 15 years or thereabouts. 

3 d . To the third Interry this Deponent saith that he was sent by the Complainant 
to the Defendant once which is about 5 or 6 yeo [sic] past when this Deponent 
demanded payment of her (by the Complainants order) of Hyeronimo Monteiro's 
Bond, the Defendant answered she did not think she was obliged the said but on 
default of payment 21 days after his arrival here which this Deponent told to the 
Complainant who went back with him to the Defendant and read over the Bond to 
her, the Defendant then answered that she would write herself to Hyero Monteiro 
as would also beg the favour of the Bishop at S*t Thoma and M r . Lewis Medeira to 
write to him on her behalf and desired the Complainant to send a Letter of Attorney 
by some body he replied that he had sent two or 3 but to no purpose and therefore 
insisted on payment from her, and more saith not to this or the last Interrogatory. 

Moodu Bangapa. 

Joseph Githin 
Exam r . 

1745—13 



98 Records of Fort St. George 



Mayors Court at 

Madraspatnam. 

Tuesday the 24 th . day of January Anno Domini 
1743. Between Tomby Chitty of Madras Mer- 
chant Complainant. 

and 
Estra Gregoria Perreira of the same place 
Inhabitant Defendant. 

This Cause coming on this day to be heard and debated before this Court in 
presence of the Defendant and his Attorney and the Defendants Attorney, on hear- 
ing the Complainants Bill, with Translates of two Respondentia Bonds dated the 19 
July 1724 for Pag s . 650 the other for Pagodas 100 under the hands of Hyeronimo 
Monteiro and the Def*. also an account Current thereto annext, The Defendants 
Answer, the Eeplycation, the Rejoinder, and a Certificate under the hand of Fran- 
sisco Piexto in the Portuguese Tongue thereunto annext also the Proofs taken in 
this Cause on the part of the Complainant (the Def*. not having produced any read 
[sic J) Read. And on Examination of the matters in this Cause what was alledged 
on either side and due Consideration had thereon This Court doth therefore think fit 
to order and Decree and doth accordingly order and Decree that the Def*. do pay unto 
the Complainant the full and Just sum of P s . 2211. 25. 31 Current of Madras being 
the Ballance of the before mentioned account, and also the Costs of this Suit and it 
is further ordered on the motion of the Defendants Attorney that the before men- 
tioned sum of P s . 2211. 25. 31 be Deposited by the Defendant in this Court, and not 
paid unto the Complain*, until the first day of May next Ensuing by which time tis 
presumed the Def*. may hear from Manilha Concerning the two before ment d . 
Bonds. 

if Cur 
Noah Casamajor 
Beg*. 

Court op Appeals at 
Madraspatnam S 8 . 

Between Estra Gregoria Perreira Inhabitant 

of Madras Appellant. 

and 

Tomby Chitty of the same place Merchant Res- 

pondant. 

This Cause Coming on this day being Monday the 8 th . of July 1745 on hearing 
the Petition of Appeal and Answer The several Exhibits of the Honble the Mayors 
Court and the Decree thereof given in this Cause on Tuesday the 24 th . of January 
1743/4 together with several Vouchers from Manilha warranted by the Notary 
Publick there read and upon due Consideration had of the matters therein severally 
contained, and of the pleadings and arguments used by the Attorneys on both sides. 
It appears to this Court that the Bonds in Suit have been delivered up and that Gono- 
rimo [sic] Monteiro stands fully discharged by Simon Botell the Respondents Attor- 
ney from any Claim on account of the said Bonds. This Court doth therefore think 
fit to order and Decree, and doth accordingly hereby order and Decree that the said 
Decree of the Honble the Mayors Court given in this Cause be Reversed and set 
aside and the Appellant and Respondent do each of them pay their own Costs in 
both Courts 

If Cur 

George Pigot 
Clerk of Appeals. 



Pleadings in the Mayor's Court, 1745 99 

18 June 1745. 

To the Honourable the Mayors Court at 
Madraspatnam. 

Humbly Complaining shewetli unto this Honourable Court your orator Eawsom 
Vencatachilum of Madras Inhabitant and Braminy having had Sundry Dealings 
with one Quotumbauk Gruapah of the place aforesaid also Inhabitant and Merchant 
He the said Quotumbauk Gruapah having an Occasion for a Sum of money did 
apply himself to your Orator for the Loan thereof whereupon your orator did advance 
and Lend the said Quotubauck Gruapah the full and Just Sum of Pag s . 230 Current 

■ 
of Madras which in Sterling money of Great Britain accompting each Pagoda 8 
amounts to £. 92 or thereabouts for Securing the Repayment of which Sum with 
Interest accrewing thereon after the rate of 9 f? Centum ^ Annum within the space 
of two months from the date of the hereafter mentioned Bond the said Quotumbauck 
Did make sign and give unto your orator one Mortgage Bond bearing date the 6 th . 
of March which was in the year of our Lord 1742/3 therein and thereby making 
over unto your orator one Bill of Sale of the dwelling house of the said Gruapah unto 
your Orator and his Heirs for ever Subject nevertheless to the usual Proviso in such 
Cases that is to say If he the said Quotembauck Gruapah should well and truly pay 
or cause to be paid the Before recited Sum with Interest Then and in such Case the 
said Mortgage to be void and of none Effect, otherwise to remain in full force Trans- 
late of which Bond for the Inspection of this Honourable Court is hereunto annexed 
to which your orator most humbly referrs and prays the same may be admitted as 
part of this your Orators Bill, and your Orator shews your orator hath often, and 
that in the most Amicable manner Demanded payment of the above Sum with 
Interest of the aforementioned Gruapah. 

But now so it is may it Please this Honourable Court the said Gruapah Wil- 
fully and Obstinately refuses to give your Orator any manner of Satisfaction your 
Orator therefore prays such Gen 1 . Relief in the premisses as to this Honble Court 
shall appear agreeable to Equity and Good Conscience Is the End of the Bill. 

William Dumbleton 
Attorney for the Complainant. 

6 March 1732/3 Madraspatnam. 

I Cotumbaucum Gruapah Naigue do hereby acknowl. to have Borrowed and 
received of Eawsom Vencatachelum the Sum of 230 Pag 8 . Current of Madras for 
securing the Eepayment of which Sum with Interest at 9 f? Cent in two Months from 
the date hereof I mortgage my House Situa. in Nellanah Mastre's Street in the Pedda- 
naigues Petty. 

Gruapah. 
Witness 

Oragunda Virthiah. 
Moodu Kistnem. 

drawn by Kistnen Conicoply. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 



Mayors Court at 
Madraspatnam. 



Tuesday the 9 th . day of July Anno Domini 1745. 
Between Eawsom Vencatachelum of Madras Bramin Com- 
plain*. 

and 

Quotumbauk Gruapah of the same place Merchant Defend- 
ant. 



1746— 13a 



100 Records of Fort St. George 

On reading the Complainants Bill with Translate of a Cadjan Mortge Bond under 
the Defendants hand dated the 6 March 1732/3 for Pag 8 . 230 thereto annext the 
Defendant being in Court acknowledged the Execution of the afores d . Bond, and 
the Justness of the Complainants Demand On due Consideration had, this Court doth 
therefore think fit to order and Decree and doth accordingly order and Decree that 
the Defendant do pay unto the Complainant the full and Just Sum of 230 Pag s . Curr*. 
of Madras being the principal money of the aforesaid Bond together with such Inte- 
rest after the rate of 8 ^ Cent ^8 Ann as now is or shall hereafter Become due 
thereon until full payment is made and also the Costs of this Suit, and in Default of 
payment at or before 21 days from the date hereof That the mortgaged premisses 
be sold, and the money arising from such Sale paid unto the Complainant in and 
towards the Discharge of his said Debt and Costs. 

'f Cur 

Noah Casamajor 

Retf. 



9 th . July 1745. 
To the Honourable The Mayors Court at Madraspatnam. 

The humble petition of Noah Casamajor Publick Notary 

Sheweth 

That your Petitioner hath lately been frequently sent for to Seal up the Effects 
of persons deceased for which Service no Stipulated Fee is appointed by this Honour- 
able Court, wherefore your Pet r . is at a Loss what to Charge for his attendance on 
such Occasions your Pet r . therefore prays this Hofible Court will please to appoint 
such fee for that Service as to them shall seem meet And your Pet r . as in Duty Bound 
shall Ever pray. 

Noah Casamajor 

Not : Pub: 

Exparte Noah Casamajor Publick Notary. 
Mayors Court at 

Madraspatnam. 

Ordered that the petitioner do Charge the Sum of 5 Pagodas for his attendance 
as Publick Notary, for sealing up the Effects of persons Deceased. 

!$ Cur 

Noah Casamajor 

Regr. 



10 July 1744. 

To the Honourable The Mayors Court at Madraspatnam. 
The Humble Petition of Poncalah Chitty Merchant of 
Madras 

Sheweth 

That by virtue of a Warrant of Execution Issuing out of this Honble Court at 
-the Suit of Poncala Gopaul, certain houses were sold at Publick Outcry the 26 of 
last June. 



Pleadings in the Mayor's Court. 1745 101 



Now your Petitioner shews your petitioner has a Mortgage on the said house? 
vour petitioner therefore most Humbly prays he may have leave to prove the validity 
of his said mortgage, and till that can be done your petitioner prays the moneys 
arising from the Sales of the said houses may be attach' d and detained in the Cash 
of this Honble Court And vour Petitioner as in Duty Bound shall ever pray. 

William Dumbleton 
Attorney for the Petitioner. 



14 Aug*. 1744. 

TO THE HONBLE THE MAYORS COURT AT MADRASPATNAM. 

The Humble Petition of Poncala Gopaul. 
Sheweth 

That your Petitioner having Obtained a Warrant of Execution in this Honour- 
able Court against the Effects of one Purpada Chitty deced, in pursuance of which 
the Sherriff did Seize, and Sell by Publick Outcry the 26 th . June last Sundry houses 
belonging to the Estate of the said Purpada Chitty deceased, upon which one Pon- 
capah Chitty presented a petition to this Honble Court, setting forth, that he had a 
Mortgage on the said houses, and prayed that the monies arising from the Sales, 
might be Attached and Detained from your Petitioner, by which means your Pet r . 
is prevented receiving what is his real property, by the false pretences of the said 
Poncapah Chitty, who if he had a real Mortgage would have Declared it before, your 
Petitioner therefore prays this Honourable Court would please to require the said 
Poncapah Chitty without Delay to make his attempt of proving the Validity of his 
Assertion, to which your Petitioner shall readily Answer and your Petitioner as in 
Duty Bound shall Ever pray. 

Eob t . Sloper 
Atty. for the Petitioner. 



28 Aug*. 1744. 

To the Honourable The Mayors Court at Madraspatnam. 
The humble Petition of Vellapah Chitty 

Sheweth 

That one Purpadee Chitty mortgaged all his Effects 2 Houses and one Godown 
unto Poncala Kistnah deceased for the sum of 3000 P s . and sometime afterw^. the 
said Pundapa Chitty sold his Effects and paid unto the said Poncala Kistnah 2300 P s . 
so then there remained due unto Poncala Kistnah the Sum of 700 Pagodas and Cana- 
paca Chitty and Purpadee Chitty (Father and Son) mortgaged unto Wooteavacum 
Soravanah Chitty the aforesaid two houses and Godown for 700 Pag s . which sum 
they paid to Poncala Kistnah and took up their Mortgage Bond and gave unto Sora- 
vanah Chittv a fresh mortgage Bond for 700 Pagodas which Bond is dated the 17 th . 
May 1725. ' 

Now your Pet r . shews unto this Honourable Court that Poncala Gopaul Heir 
to Poncala Kistnah makes a Demand of the said houses and Godown saying that they 
belonged to Purpadee Chitty to which your Petitioner says that he has no Preten- 
sions thereto for the above reasons, And your Petitioner shews that in M r . Benyons 
time Permoll Moodelare as Executor obtained a Judgment in this Honble Court 
against the said Purpadee Chitty and a Warrant of Execution was Issued out for 
seizing his Effects, and having none but these two houses and Godown thev were 



102 Records of Fort St. George 



seized on, and a Bill was affixed at the Sea Gate given notice that the same was to be 
Sold, but upon applying to M 1 '. Benyon he prevented the Sale thereof; save only 
of the houses which your Petitioner and his Father lived in, and had paid unto Sera- 
vanah Chitty 200 Pagodas for the same, which said house was at that time sold and 
the money arising therefrom paid unto Poncala Gopaul in and towards his debt, Now 
your petitioner shews to this Honourable Court that since the foregoing the said 
Poncola Gopaul making a fresh Demand on the said Purpadee Chitty and having 
obtained a Judgment thereon for which they seized on the aforesaid house and Go- 
down and affixed a Paper at the Sea Gate for the Sale thereof, which was Sold and 
the money arising there from Deposited in the Cash of this Honourable Court for and 
toward the Benefit of the said Poncala Gopaul. 

Now your Pet 1 ", further shews unto this Honourable Court that Wooteavacum 
Seravanah Chitty is departed this Life and your Petitioner is Left his lawful Heir 
and as your Petitioner has a Mortgage Bond and Bill of Sale to produce for the house 
and Godown so Sold, which Bond is of 19 years standing. 

Youe Petitioner therefore most humbly hopes that the money deposited in this 
Honourable Court arising from the Sale of the said house and Godown may Either 
be given to your Petitioner or that your Petitioner may be put in Possession of the 
said house and Godown and the money returned to the Buyer. 



And your Petitioner as in Duty bound shall ever pray. 

William Dumbleton, 
Attorney for the Petitioner. 



Intebeogatoeies to be administred to such Witnesses as 
shall be produced Sworn and Examined on the part of the 
Petitioner Vellapah Chitty in a certain dispute, Where there 
are 3 Claimants who Demand monies due from them from 
the Estate of Perpadum Deceased. 

TO CUNJA COLLATY CHITTY, VELLAPAH CHITTY, AND MUNNA PeRMOLL CHITTY 

Item Do you know the Cadjans now shewn you if yea, Say, what do they contain, 
who wrote them, who Signed them, did you see them wrote, and signed, on what 
account were they Drawn and Signed Declare. 

To all the witnesses Item Do you know any other matter or thing material 
for the Complainant or Petitioner, if yea, set forth the same as you know have heard 
or do believe with the reasons for such your knowledge or belief Declare. 

William Dumbleton 
Am. for the Petitioner. 



Mayors Court at 
Madeaspatnam. 

Vellapa Chitty, . 

ag*. 

Poncala Gopaul and Poncapah Chitty. 

Depositions of Witnesses on the part of Vellapa Chitty taken by and before the 
Examiner in this Court as follows. 

Cunja Collata Chitty of Madras Dubash to M 1 '. Norris aged 63 years or there- 
abouts being produced as a Witness in this Cause on the part and behalf of VellapaK 



Pleadings in the Mayor's Court, 1745 103 



a 



Chitty was on the 24 th . day of Nov 1 ". 1744 shewn at the Office of M r . Rob*. Sloper 
Attorney for the said Poncla Gopaul and Ponncapa Chitty by Connecapa who left r 
Note of the name Title and place of abode of the said Cunja Colli ty Chitty and after 
wards on the same day being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he knows Vellapah Chitty 
and hath so known him 30 years and Ponncapah Chitty he hath also known 30 years 
but hath no knowledge of Poncla Gopaul. 

2 d . To the second Interrogatory this Deponent saith that he has no knowledge 
of the Cadjans now shewn him at this his Examination, marked I.G.N . 1 but knows 
the Cadj an at the same time shewn him marked I.G. N°. 2. That it Contains a Mort- 
gage of two houses and Godown given by Purpadum and his Father Connecapa 
Chitty to his Father Seravana Chitty for 700 Pagodas That the Writing was drawn 
by Munna Permoll and signed by the said Connecapa Chitty He further saith that the 
said houses and Godown were remortgaged to Servanah Chitt}^ to pay of Poncla 
Kistnamah's Mortgage thereon, and more saith not to this or the last Interrogatory. 



Joseph Gitein 

Exam r . 



Collatt. 



Vella Chitty of Madras Merchant aged 72 years or thereabouts being produced 
as a Witness on the part and Behalf of Vellapah Chitty and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows Vellapah 
Chitty and hath so known him 25 years as also hath known Ponneapah Chitty 40 years 
and Poncla Gopaul 15 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he knows both the 
Cadjans now produced and shewn him marked I. G. N°. 1 & 2 : That N°. 1 Contains 
a Mortgage of 2 houses a Godown and a Quantity of Goods to Poncala Kistnama for 
3000 P s . by Purpadum and that N°. 2 Contains a joint remortgage of the above 2 
houses and Godown by Purpadum and his ffather Connecapa to Servanah Chitty for 
700 Pag s . in order to pay off part of the above mortgage to Poncala Kistnaniah he 
further saith that N°. 1 was Wrote by Eamah Chendrue and Signed by Purpadum 
and that N°. 2 was wrote by Munna Permaul and signed by Connecapa Purpadum's 
Father that they wrote and signed in this Deponents presence and more saith not to 
this or the last Interrogatory. 

Vella Chitty. 
Joseph Githin 

Exam r . 



Munna Permaul Chitty of Madras Merchant aged 57 years or thereabouts be- 
ing produced as a Witness in this Cause on the part and Behalf of the Defend Chitty 
and afterwards being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows Vellapah 
Chitty and hath so known him 30 years That he hath known Poncla Gopaul 3 years 
and Ponneapah Chitty 25 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he knows the Cad- 
jans now produced and shewn him marked I. G. N°. 1 and 2. That N°. 1. Contains 
Purpadum's Mortgage of his two houses, a Godown and a quantity of Goods to 
Poncla Kistnama and that N°. 2 contains a Joint remortgage of the said two houses 
and Godown to^ Servanah Chitty for 700 Pagodas by Purpadum and his Father Con- 
necapa Chitty in order to discharge part of Poncla Kistnama' s Debt he being very, 



104 Records of Fort St. George 



urgent for his money, he further saith that he knows not by whom N°. 1. was wrote, 
That it is Signed by Purpadum, That this Deponent drew the Writing on the Cad] an 
marked N°. 2 and that it is signed by Connecapa Chitty Purpadums Father and more 
saith not to this or the last Interrogatory. 

Munna Permaul. 
Joseph Githin 

Exam r . 

Interrogatories to such Witnesses as shall be produced 
Sworn and Examined on the part and behalf of the Claim- 
ant Poncla Gopaul to Sundry Effects taken by Warrant of 
Execution to the Estate of Purpadah Chitty deceased and 
Vellapah Chitty and Poncapah Chitty pretenders to be 
Mortgagees on the said Effects. 
To all the witnesses Imprimis Do you know the parties Claimant and pre- 
tenders to be Mortgagees or either and which of them, and how long have you known 
them, or either and which of them Declare. 

2 d . To Jelgodoo Coopanah, Coperte Vencatachilum Eanla Casavah, 
Callaka Yellapah, Have you, or have you not, any knowledge of the matter now 
in dispute between Poncla Kistnah Vellapah Chitty and Poncapah Chitty did you 
know Purpada Chitty in his Lifetime, is there Brothers or Sons now Surviving him, 
was you ever present when any persons was Treating about the affair now in dispute, 

if yea, who were they, and the partlars of what passed to the best of your remem- 
brance set forth. Do you know of any Reward offered by any person or persons, 
if yea, who was the person or persons that offered the same, who was it offered to, 
and on what account was it offered, with the Reply made thereto if you have any 
Knowledge of it, Declare it. 

Do you know ought of a Petition being wrote to any person relating to the pre- 
sent dispute, if yea, by whom was it wrote, to whom was it addressed what might 
be the Intent or meaning thereof, as also what became of the same declare, Where 
does the before mentioned persons Poncapah Chitty and Vellapah Chitty live, and 
what Affinity is there between them, with whatever has occurred to your knowledge 
relating to the present Dispute Declare. 

3 d . To Tirvetty Moodelare and Gonapillt Moodelare are you well ac- 
quainted with the Characters made use of in Writing Gentoo's and Malabars, if yea, 
Inspect well the Cadjans now shewn you at this the time of your Examination mark- 
ed I. G. N°. 1 & 2 and declare to the best of your Judgment and belief whether the 
same are signed by one and the same person as also see the Cadi an now shewn you 
marked T.C. N.C. Reg r . and inspect the same set forth to the best of your Judgment 
whether the Characters thereon are all Original as when first wrote' to the best of 
your Knowledge set forth the particulars. 

To all the witnesses Do you know any other matter or thing that may be 
of Service to the Complainant in this Cause. 



Rob t . Sloper 
Attorney for the Complainant. 



Mayors Court at 
Madraspatnam. 



Poncla Gopaul 



agK 



Vellapah Chitty and Ponneapah Chitty. 

Depositions of Witnesses taken on the part of Poncla Gopaul by and before 
the Examiner in this Court as follows. 

Jelgodoo Coopanah of Madras a Servant in the Mint aged 48 years or there- 
abouts being produced as a Witness in this Cause on the part of the said Poncla 



Pleadings in the Mayor's Court, 1745 105- 



Gopaul was on the 9 day of March 1745 shewn at the office of M r . W m . Dumbleton. 
Attorney for Vellapah by Connecopa who left a Note of the name Title and place of 
abode of the said Jelgodoo Coopanah and afterwards on the same day and year 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Dep fc . saith that he hath known Poncla Gopaul 
25 years and Vellapah Chitty and Ponneeapah Chilty 30 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he is acquainted with the 
matter in dispute, between Poncla Gopaul, Vellapah Chitty, and Ponneapah Chitty 
That he knew Purpadah Chitty in his life time and that there are two Surviving 
Brothers and a Son, who some time past came to this Deponent and Complained of 
Ponneapah Chittys ill treatment of them saying he had taken possession of Purpadah 
Chittys whole Estate and Effects and refused to pay any part of his Debts or give 
them any assistance whereon this Deponent went with them to Poncla Gopaul at 
whose Feet they fell down and repeated the same as above to this Deponent, He fur r . 
saith that Poncla Gopaul went with them to M r . Fowkes's, Writer who drew a peti- 
tion by their directions wherein they gave Poncla Gopaul an Authority to sell Pur- 
padah Chitty 's house to discharge a debt Purpadah Chitty had Contracted with! 
Poncla Gopauls Father, That they presented this Petition to M r . Cooke then Sherriff 
who Examined the above Brothers and Sons to the Content thereof and obliged them 
to sign it, What became of it afterwards this Deponent cannot say neither does he- 
know of any Reward being Offered by or to any person on anj Account That 
Vellapah Chitty and Ponneapah Chitty are Brothers in Law and live behind Yeakam- 

brum Isvarahs Pagoda and more saith not to this or the last Interrory. 

The mark of Jelgodoo Coopanah. 

Joseph Githin 

Exam r . 



Copertee Vencatachelum of Madras Shroff aged 30 years or thereabouts being 
produced as a Witness on the part of Poncla Gopaul and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath [sic] Poncla Gopaul 
two years and Vellapah Chitty and Ponneapah Chitty 15 years or thereab te . 

2 d . To the second Interrogatory this Deponent saith that he is acquainted 
with the matter in dispute between Poncla Gopaul, Vellapah Chitty and Ponneapah 
Chitty That he never had any knowledge of Purpadah Chitty but has heard of him 
as also that there are two Brothers and a Son Surviving him, he further saith that 
it was in Company with Poncla Gopaul at a time when the above persons said to be 
Purpadah Chittys Brothers and Son came there and falling down at his feet Intreated 
him, as they were Indebted to him on Purpadah Chittys account to assist them in 
doing himself and them Justice, saying that Ponneapah Chitty had taken possession 
of Purpadah Chittys Estate and Effects and would neither pay his Debts nor relieve 
their necessity wherein Poncla Gopaul went with them to M r . Fowkes's Writer who 
drew a petition by their Directions wherein they gave Poncla Gopaul an authority 
to sell Purpadah Chittys house to discharge a debt Contracted with Poncla Gopauls 
Father, That they presented the said Petition to M r . Cook then Sherriff who Exa- 
mined the above Brothers and Son to the Contents thereof and Caused them to sign 
it what became of it afterwards this Deponent cannot say neither does he know of 
any reward being offered by or to any person on any Account That Vellapah Chitty 
anrV Ponneapah are Brothers in law and live in the Peddanaigues Petty and live 
behind Yeakambrum Isveras Pagoda, and more saith not to this or the last Interroga- 
tory. 

Vpncatacheujm. 
Joseph Githin 

Exam r . 
1745—14 



106 Records of Fort St. George 



Cockada Yellapah of Madras Weaver aged 33 years or thereab 1 *. being pro- 
duced as a Witness on the part of Poncla Gopaul and afterwards being Sworn and 
Examined Deposeth as follows. 

1 st To the first Interrogatory this Deponent saith that he hath known Poncla 
Gopaul 22 years and Vellapah Chitty and Ponneapah Chitty 8 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he is acquainted with the 
matter in dispute between Poncla Gopaul, Vellapah Chitty and Ponneapah Chitty 
That he knew Purpadah Chitty in his Lifetime and that there are two of his Kindred 
Surviving him, how nearly so he is not certain but to the Best of his Remembrance 
they are said to be his Brothers He further saith that being at Ponneapah Chittys 
house at a time when Ponneapa Chitty, Vellapa Chitty, Munna Permaul, Collity, and 
Vella Chitty were there in Company together, he heard Ponneapah Chitty and Vella 
Chitty say to Munna Permaul, Colli ty and Vella Chitty that if they told a thousand 
lies and afterwards built a Charity house, the Lamp therein burning thro' their Beno- 
velence would attone for them all then desired they would be Witnesses that the 
house now in dispute was mortgaged to Seravanah Chitty they objected that they 
must take an Oath Pollapah Chitty and Vellapah Chitty replied they might Swear to 
a Lye, and that such an Act of Charity would Expiate the Crime, This Deponent 
knows not of any reward being offered by or to any person on any account or ought 
of any Petition being wrote to any person relating to the present dispute That Vella- 
pah Chitty and Ponneapah Chitty are. Brothers in Law and live behind Yeakambrum 
Isvarahs Pagoda, and more saith not to this or the last Interrogatory. 

Yellapah. 
Joseph Githin 

Exam r . 

Trevetty Moodelare of Madras Conicoply aged 38 years or thereabouts being 
produced as a Witness on the part of Poncla Gopaul and afterw^. being Sworn and 
Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known Poncla 
Gopaul 15 years and Vellapah Chitty and Ponneapah Chitty 10 years or thereabouts. 

3 d . To the 3 d . Interry this Deponent saith that he is well acquainted with 
the Characters, made use of in Writing Malabars but not with the Gentue Characters, 
he fur r . saith that the Cadjans now shewn him at this his Examination marked I. G. 
N°. 1 & 2 are not Signed by one and the same hand, but cannot say Whether or no 
the Characters on the Cadjan at the same time shewn him marked T.C.N.C. Reg r . 
are all Orig 1 . as when first wrote being Gentue Characters which this Deponent is 
not acquainted with and more saith not to this or the last Interrogatory. 

Tervettt. 
Joseph Githin 
Exam r . 

Gonapillt Moodelare of Madras Conicoply to M r . Sloper aged 31 years or 
thereabouts being produced as a Witness on the part of Poncla Gopaul and after- 
wards being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the three 
Claimants 5 years or thereabouts. 

3 d . To the third Interrogatory this Deponent saith that he is acquainted with 
the Characters made use of in Writing Malabars but not with the Gentue Characters 
he further saith that the Cadjans now shewn him marked I.G. N°. 1 and 2 are signed 
by two different hands but cannot say whet 1 ", or no there has been any alteration 
in the Characters on the Cadjan at the same time shewn him marked T.C. N.C. 
Reg r . since first wrote the Writing being Gentues which this Deponent is not ac- 
quainted with and more saith not to this or the last Interrogatory. 

GONAPILLf 

Joseph Githin 

Exam r . 



Pleadings in the Mayor's Court, 1745 107 

Tuesday the 16 th . day of July Anno Domini 1745 Ex- 
Mayoks Court at parte Ponneapah Chitty, Poncla Gopaul Son and Heir of 

Madraspatnam. Poncla Kistnah deceased and Vellapah Chitty (Petitioners 

for the amount of the houses and other Effects of Valum 
Purpadah Chitty sold by Execution Issuing out of this Court 
at the Suit of the said Petitioner Poncla Gopaul, Son and 
Heir of Poncla Kistnah Deceased) of Madras Merchants. 

This cause coming on this day to be heard and debated before this Court in 
the presence of the Petitioners Poncla Gopaul and Vellapah Chitty and their Attor- 
neys all sides. On hearing the Petition of Poneapa Chitty, the Petition of Poncla 
Gopaul, the Petition of Vellapa Chitty, the proofs taken in this Cause on the Behalf 
of the two last Petitioners, the Petitioner Ponneapah Chitty not having produced 

any read [sic], and on Examina had of the matters in this Cause, what was alledged 
on either side and due Consideration had thereon. This Court doth therefore think 
fit to order and Decree and doth accordingly order and Decree that the Sum of 310 
Pagodas be paid unto the Petitioner Vellapah Chitty out of the sum of 394. 29. 58 
Cash returned into this Court by the Sherriff thereof on the 24 th . day of July 1744 
for Sale of the houses ment d . in the aforesaid Petitions and other Effects of Valum 
Purpada Chittys, and also that the Costs of the said Vellapah Chitty be paid out 
of the last mentioned Sum and the residue thereof paid unto the Pet r . Poncla Gopaul 
after deducting his Costs, and further that the Petition of Poneapah Chitty do stand 
Dismissed out of this Court with Costs. 

$ Cur 

Noah Casamajor 

Reg-. 



30 th . July 1745. To the Honourable The Mayors Court at Madraspatnam, 

Humbly Complaining sheweth to this Honourable Court your orator William 
Monson Esqr. of Madras that your orator having Sundry sorts of Goods to dispose 
of one Vancaporam Vencattaya also Merchant at present residing in Madras, did 
apply to your Orator for purchase of Sundry Muggy Douties and a small Quantity 
of Benjamin in all to the amount of 121. 5. 20. Current of Madras, which in 

8. lb. s. 

Sterling money of Great Britain allowing 8 '$ Pagoda amounts to 48. 8 or there- 
abouts and your Orator is Informed the said Vancaporam Vencattaya is Insolvent, 
for which reason your orator prays this Honourable Court would be pleased to order 
your Orator may come in for his due perfection of all Effects, belonging to or the 
Property of the said Vancaporam Vencattaya and that your Orator may have all 
such other and General Relief in the Premisses as may be agreeable to Equity and 
good Conscience Is the End of the Bill. 

Henry Deveil 
Attorney for the Complainant 

Vancaporum Vencattaya. 

To Mugga Douties Corge 10. 5 @ 8£ Pag 3 . $ Corge 
' To Bejamin M<k. 51. 1. @ 135 Pags. $ Ca ... 

Pagodas 



] 7 45— 14a 





D* 


87 


4 40 


34 


— 60 


121 


5 9G 



108 Records of Fort St. George 



.Mayors Court at Tuesday the 6 th . day of Aug*. Anno Domini 1745. 
Madraspatnam. Between William Monson of Fort S*. George Esq r . Com- 

plainant 

and 
Vancaporum Vencattaya of the same place merchant De- 
fendant. 
On hearing the Complainants Bill with an outcry note for Pagodas 121. 5. 20 
thereto annext read, The Defendant being in Court acknowledged the Justness of 
the Complainants demand and on due Cons a . had This Court doth therefore think 
fit to order and Decree, and doth accordingly order and Decree, that the Defendant 
•do pay unto the Complainant the full and Just sum of 121. 5. 20 Current of Madras 
together with such Interest after the rate of 8 ,$ Cent '^ annum, as now is or shall 
hereafter become due thereon until full payment is made and also the Costs of this 
Suit. 

^ Cur 

Noah Casamajor 

Rey r . 



10 May 1743 

To the Honourable The Mayors Court at Madraspatnam. 

Humbly complaining sheweth unto this Honourable Court your orator Peter 
Dencker Merchant of Madras, That some time since your orator with Charles Milon 
-and Mary his wife Did Jointly Enter into a certain Contract for the purchase of 
Cattle in the Country, and for the Sale and profit thereof to be Equally divided be- 
tween your orator and the said Charles Milon and Mary his Wife, and your orator 
shews that a Stock of Cattle was $ chased by your orator and the said Charles Milon 
.and Mary his wife, but your orator, was the person that advanced the money for 
the said Stock of Cattle to a very Consible amount in so much that the said Co- 
partnership was Carried on for some time till the said Charles Milon and your orator 
hath discovered from time to time, that the said Stock of Cattle residing in the 
Country have been very unjustly dealt with by the keepers that is to say, some have 
been sold, and said to have Died, some have been mortgaged and said by the Keepers 
to have strayed others some have been changed for those that were old and good 
for nothing, and for which Exchange the Keepers have received a valuable Cons n . 
from the Country Inhabitants Wherefore your orator and the said Charles Milon 
have for the reasons aforesaid Determined, and have accordingly dissolved the said 
Partnership, to which End your Orator and the said Charles Milon have Interchange- 
ably given each other a General Eelease, But so it is that at this time a Stock of 150 
head of Cattleare remaining and which your orator and the said Charles Milon have 
agreed to divide, And your orator hath Delivered over unto the said Charles Milon 
his respective Dividend of 75 head of Cattle, the Prime Cost of which is 3. 1. 67 P 8 . 
each which in the whole amounts to 228. 29. 65 Two hundred twenty eight Pagodas 
twenty nine f and sixty five Cash which in Sterling money of Great Britain allow- 

s. lb. B. 

ing 8 ; |J Pagoda amounts to the Sum of 91. 4. or thereabouts which your orator 
hath frequently demanded in the most Friendly manner of the said Charles Milon 
and Mary his Wife, who refuses to pay your orator, under a pretence of having .some 
old Demand of Profits in arrears on account of the said Trade, for your Orator 
shews they could form no other pretence, because they could neither Deny the 
Quantity of Cattle they have received as a Dividend nor their Original Prime Cost, 
because their Contract in partnership proves the one, and their Release of partner- 
ship proves the other, but the Truth is, the said Charles Milon & Mary his Wife 
would have your oror take a note of hand for the Emitted space of two years, which 



Pleadings in the Mayor's Court, 1745 109 



your Oror refusing they told your Oror, they would Contest it with your Oror, and 
would form an account ag*. your Oror to which your Oror is a Stranger, and which 
your Oror supposes is Invented to perplex Your Oror by delays of time in some 
Litiguous Cross Suit, so that the said Cha s . Milon and Mary his Wife absolutely 
refuse to give your Oror any Satisfaction in the premisses. 

To the End therefore that the said Cha s . Milon and Mary his Wife may upon 
their Corporal Oaths true and perfect answer make to all and every the Matters afs d . 
as fully truly and Effectually as if the same were here again repeated and Interro- 
gated, and be Decreed to make your Orator full Satisfaction and that Your Orator 
may have such further and other Relief in the premisses as shall be agreeable to 
Equity and Good Conscience. 

Henry Deveil 
AttV. for the Complainant. 



A Copy of a Contract Entred into by Peter Dencker on the one part and Charles 
and Mary Milon on the other part. 

Know all men by these presents that We the underwritten Charles Milong and 
Mary Milong on the one part and Peter Dencker on the other part do Contract and 
agree the one with the other to Enter into a Strict Trade and Partnership in the Pur- 
chasing of all manner of Cattle hereafter named Viz*. 

Fatt Cows, Milk Cows, Calves, Bullocks, Oxen, Buffaloes and Hogs to sell the 
same to the said Europe and Country Shipping and to the Inhabitants of both the 
White and Black Towns Villages &c within the Districts of Madras, and to the 
Intent and purpose that neither party may Defraud, Cheat or Impose the one on the 
other. 

We the said Charles Milong and Mary Milong on the one part and Peter Denc- 
ker on the other part Do each for themselves, Agree on the Penalty and ^forfeiture 
of One Hundred Pagodas on the following Articles Viz*. 

This Obligation to Be in full fforce bet n . the said parties Charles Milong and 
Mary Milong and Peter Dencker, till they shall have sold all that stock of Cattle they 
now have Purchased, amounting to Cows, and Oxen, and either party disagreeing 
■ or Endeavouring to Break of this said Agreement of Partnership, before the Sale 
of the said stock of Cattle, they are now in possession of, to fforfeit to the other the sum 
of 100 Pagodas Current of Madras, that is to say If Charles Milong or Mary Milong 
one or Both should Endeavour to break off this said Agreement, then and in such 
Case the said Charles Milon and Mary Milon or both of them to pay unto the other 
party Peter Dencker the sum of one hundred Pag s . and in Case the said Peter Denc- 
ker should on his part Endeavour to Break off or Dissolve the said Agreement then 
and in such Case the said Peter Dencker to pay unto the said Charles Milon and 
Mary Milon the sum of One Hundred Pagodas, and the then remaining Stock of 
-Cattle, to be Divided into two Equal parts, each party, to take one part thereof and 
pay such Sum of money, as shall appear by their account to be due thereon, the 
said Peter Dencker is to advance all the money for the Buying and maintenance of 
the said Cattle, and to receive Interest for such Sums as he shall advance on that 
Account, he Likewise is to receive all such Sums of money as shall become due, by 
the sale of such Cattle. 

We the said Charles Milon and Mary Milong on the one part and Peter Denck'er 
on the other part, do, each party oblige ourselves not to buy or sell, cause or assist 
Encourage or Connive to be Bought or Sold Directly or Indirectly publickly or 
privately any of the above mentioned sort of Cattle to any person w*. soever without 
first acquainting and Obtaining the Consent of the other party, under the fforfeit of 
One Hundred Pagodas. 

We further agree to settle our Accounts, of what Cattle shall have been sold 
Every 3 months or thereabouts, and the Profits that shall arise from the Sale of the 
said Cattle, shall be Divided into two Equal parts the one part whereof the said Peter 



110 Records oj Fort St. George 



Dencker is to have, and the other part the said Charles Milon and Mary Milon is to 
have, for their share and the Losses (if any should happen) to be sustained, in the 
same manner that is to say, Charles Milon and Mary Milon is to bear one half of 
the said Losses, and Peter Dencker is to bear the other half of the said Losses, if 
any should happen in the said Partnership. 

We further Agree that the said Charles Milon and Mary Milon are to have the 
Care, of Selling and Delivering what Cattle shall be sold to the Ships and Peter 
Dencker is to have the Care of Selling and Delivering what ffat cows, shall be sold 
to the Town and what Milk Cows and other Cattle shall be sold to the Country People, 
and if the said parties, should by Consent, think proper and Necessary to purchase 
any more Cattle and to Continue this Partnership Then the Cattle so newly purchas- 
ed to be added to the Old Stock and this Partnership to remain in its full fforce until 
the Entire Sale of the whole Stock In Witness whereof We have hereunto signed 
our hands in Fort S*. George May 22 d . 1742. 

Signed 

Charles Milon. 
Mark of Mary Milon. 



Witness 
Laurence. 
Sam l . Troutback. 

We promise to Give Catchella one third part of the Profits. 

A Copr of a General Eelease Interchangeably given Between Peter Dencker 
and Charles and Mary Milong. 

Whereas Charles Milon Mary Milon his Wife Peter Dencker and Catchella En- 
tred on a Partnership the 20 th . ffebruary 1741 in the Buying and Selling of Cattle 
and that whereas the said parties Obliged themselves Jointly or Separately not to 
Buy or Sell any Cattell on their Separate Account without first acquainting or 
Obtaining Leave of the said Partners and that the said Partnership was not to be 
broke off without the Consent of two of the said Partners under the Penalty of One 
Hundred Pagodas forfeiture, and in such Case the remaining Stock of Cattle to be 
Divided and each party to take their Share and that now the said Cha s . Milon and 
Mary Milon his Wife on the one part and Peter Dencker on the other part, have Con- 
vincing proofs, that they have been Unjustly dealt with by the said Catchella their 
other partner, he having drove away sold and pawned Clandestinely several of their 
best Cattle and besides secretly Bargained and bought in partnership with one 
Irsapa of Halooboya a Moorman a parcel of Cows whereby he has broke the articles 
of their Agreement and by Consequence fforfeited 100 Pagodas to the other partners. 
. And for these reasons Charles Milon Mary Milon and Peter Dencker are now 
come to a Resolution by their Consent to Break of and Dissolve the said partner- 
ship as the articles of their Agreement Intitles them to, and in order thereto have 
applied themselves to the said Catchella to take his part and share of the remaining 
Stock of Cattle and he having Denied it the said Charles Milon & Mary Milon on the 
qne part, and Peter Dencker on the other part Do hereby declare and agree that 
they will Divide the said remaining stock of Cattle into two equal parts the one of 
which Charles Milon and Mary Milon is to take and the other part Peter Dencker is 
to take and that they will afterwards make up their accounts reserving to themselves 
their Right Jointly or Separately to make the said Catchella answerable for all the 
Damages that may happen on the Sale of his part of Cattle belonging to the said 
Stock in witness whereof both parties have hereunto Interchangeably set our 
Hands and Seals this 22 d . day of April in the year of our Lord 1743 This beina in 
full Release and Discharge of our late Partnership with each other Dated as afore- 
raent*. from this day totally Annulled and set aside by Joint Consent of each party. 

■ , . . Charles Milon. (L.S.) , t 

Stoned Sealed and Delivered (where no Stamp't 
paper is to be had) hi the presence of ^acuna']. 



Pleadings in the Mayor's Court, 1745 111 



2± th . May 1743. The Joint Answer of Charles and Mary Milon 

of Madras Publicans Defendants to the Bill of 
Complaint of Peter Dencker of the same place 
Merchant Complainant. 
These Defendants now and at all times hereafter saving and reserving to 
'themselves all and all manner of Benefit and advantage of Exception to the many 
Errors Imperfections Uncertainties and Untruths in the said Bill contained for answer 
thereunto or unto so much thereof as these Defendants are advised materially Con- 
cern these Def te . to answer unto they these Def te . answer and Say. 

That these Defendants admit that such a Contract was enter'd into as in the 
Complainants Bill is set forth That in Consequence thereof a Stock of Cattle were 
purchased and that the Complainant advanced the money for the same. But these 
Defendants absolutely deny they know of any unjust Dealings made use of by the 
keepers of the said Cattle, other than as the Complainant has from time to time 
Informed these Defendants. These Defend ts . likewise Admitt that the said Copart- 
nerhsip is now Dissolved by mutual Consent and Releases Interchangeably given 
Between these Defendants and the Complainant and these Defendants likewise 
admit to have received 75 head of Cattle upon the Dissolution of the Contract the 

p f c 

Prime Cost of which might be 3. 1. 67 each but these Defendants absolutely deny 
ever to have made any pretence whatever to Evade payment of what may be Justly 
due to the Compl*. upon Ballancing Accounts between these Defendants and the 
Complainant and these Defendants absolutely deny that they ever required the 
Complainant to take a Note payable in two years These Defendants acknowledge 
the Complainant demanded a Bond of these Defendants for 228. 29. 65. on account 
of the 75 head of Cattle delivered these Defendants which Bond these Defendants 
refused to Give the Complainant until the Complainant and these Defendants had 
settled their Accounts for these Defendants are of Opinion that when the Accounts 
Between the Complainant and these Defendants shall be fairly stated there will not 
appear to be due to the Compl*. so large a sum as that he now Demands and these 
Defendants ffurther say that they now are and always have been ready and willing 
to adjust Accounts with the Complt, and pay him such sum as shall appear to be 
Justly due to him therefore these Defendants humbly hope this Hohble Court will 
please to put a stop to the further Prosecution of this Litigous [sic] Suit until the 
Complainant shall have Adjusted accounts with these Defendants And these Defend- 
ants further pray that If it shall appear upon Ballancing accounts Between these 
Defendants and the Complainant That the Complainant has made a Demand of 
more than is due to him then these Defendants may not Adjudged to pay any Costs 
arising from this Litiguous Contest since as These Defendants have before and do 
now again say these Defendants always were ready to pay the Complainant what 
should appear to be Justly due to him upon the Ballance of Accounts. 

All which Matters and things these Defendants are ready to aver maintain and 
prove and humbly pray to be hence Dismissed with reasonable Costs in this Behalf 
most Wrongfully Sustained. 

William Dumbleton 

'Attorney for the Defendants. 



112 



Records of Fort St. George 



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Pleadings in the Mayor's Court, 1745 117 



Charles and Mary Milon their Objections to the sev l . Ommissions and Errors 
in Peter Dencker accounts as here under Specified. 

I s *. Dencker Omitted to Credit his Copartners for 
their full proportions of Profit on 3 differ^. 
Sales of Cows, as appears ^ Milons accounts 
taken from Catchella's Cadjans who kept 

Dencker's Ace*, in partnersp. Vizt. 
Mary Milons J part profit on the Sales 
made the 31 s *. Octr. 1741 P. 46 24 71 

Chas. & Mary Milons J profit on the Sales 
made y©. 31st. May 1742 79 — 50 

Cha 8 . & Mary Milons \ profit on the Sales 

made ye. 31st. Augt ... 62 6 19 



187 31 60 



Deduct what Dencker paid them partly 

in three sev 1 . paym ts ... 139 2 15 



Eemaining due on this Ace* P. 48 29 45 

2 dJ 0\ Dencker Omitted to Credit Milon for 
P. 35. 27 paid for 11 Cows bought of Halloo- 
boy a Moorman and applied the same to 
Cattle in C°. with Dencker 35 27 — 

3 dl y. Dencker debts Milon for 75 Cows delivered 
him at the Dissolution of their Copartner- 
ship at P. 3. 1. 67 each amounting to as 
$ Denckers ace*. 228 27 65 

This article should be Charged at a Medium 

P. .fis... -C— - 

price of 2. 33. 18 for reasons the last 
remaining 150 Cows were bought before 
at two different prices Viz*. 207 Cows 
at P. 3. 5. 8 each & 225 Cows at P. 2. 27. -. 
each and by Calculation of their prime 
Cost the 75 Cows afs d . amount to ... 219 7 70 



Different thereon 9 19 75 

4 th . Dencker Debts Milon for the loss on the 

Dead Cows as $ Denckers Ace* 138 29 6 

This article Consequently falls short by a 
Medium price the Cows are Charged at, in 
Milons Account 127 17 47 



11 11 39 
6ti>. Dencker Debts Milon for his J of a parcel 

of Straw, which was used in ffeeding the 

Cattle while their partnership Subsisted, 

but not since the Dissolution thereof as 

Dencker pretends ... ... ... 2 — — 

6^. Dencker Left out or Omitted to Credit Milon 

for his \ of 80 pieces of Salt Beef which 

Dencker made use of ... ... ... 20 — ■ — 



Pagodas .. 127 15 79 



29*h Nov*. 1743. 



118 



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126 Records of Fort St. George 



24 th . January 1743. 

The Eeplication of Peter Dencker to the answer and Ex- 
ceptions of Charles and Mary Milon Defendants. 

He this Eeplyant saving and reserving to himself all manner of Benefit and 
advantage of Exception to the manifold Errors Incertainties and Insufficiencies in 
the Defendants answer and Objections for Eeplycation thereunto saith that all and 
sing 1 ", the matters and things in this Eeplyants Bill contained are true as is therein 
alledged and that the Answer and Objections to the said Bill are very untrue Imper- 
fect and Insufficient to be Replied unto for this Eeplyant saith upon the whole 'tis 
Observable. 

The Defendants give this Eeplyant Credit in their own Account for a Ballance 
of P s . 365. 20. — but pretend an Overcharge to their Prejudice P s . 127. 15. 
so that they must allow of the Difference namely P. 238. 5. 

So that tis humbly presumed there remains in dispute 127. 15. 79 Contain- 
ed in 6 Articles on the D r . side of the Defendants Account, which are called Objec- 
tions, to which we, most humbly beg Leave to reply in order to support this Eeply- 
ants Account under Oath. 

And first To the first Article this Eeplyant absolutely Denies any such Defici- 
ency as P. 48. 29. 45 said to arise in the Defendants Favour nor was there any 

more than two proportions due to the Defts on Account of this Article, all which 
was paid settled and adjusted with the Defendants viz*. 

at one time was paid thereon ... ... ... ... 22 24 — 

at one time was paid them ... ... ... ... ... 61 — — ■ 



in all on that Account was ... ... ... ... ... 83 24 — 

ffor which they have due Credit in this Eepliants Account Given in under Oath and 
as to that Entry annext to this Article of Pag s . 79. — . 50 it is ffalse and Imagin- 
ary and only added to puzzle the Account, which the Defendants dont know how to 
make out in their ffavour, tis true the Defendants would have been Entitled to 40 
Pag s . instead of the above P. 22. 24 But that in Publick breach of Contract here- 
unto annexed, the Defendants broke off and Instead of 5 Months continued only 3 
in Partnership so that their Proportion fell short in Proportion to the time they kept 
m Contract, and by the Tenor of the said Contract they are Intitled to no Profit at 
all, being themselves the Aggressors, and refusing to Continue any Longer in 
Partnership than 3 months utterly against this Eeplyants Consent that such Partner- 
ship was Dissolved and which Ballance of P s . 22. 24. they received and without 
any Objection till this Eeplyant now Demands his Ballance due. 

A reply to the 2 d . Article is that the Defendants have no Authority for Charg- 
ing this P s . 35. 27 for Cows bought of Hallooboy Because their Contract hereunto 
annext particularly says that only this Eepliant is to purchase Cows in Partnership 
nor have the Defendants either bought or paid for the said Cows but the same was 
purchased by Catchella on account of this Eeplyant and to whom this Eepliant is 
ready to account for the same what Consideration then has the Defendant ever paid 
for this Pagodas 35. 27 But this is a Contrivance of Catchella's who wants to ac- 
count for these Cows to Charles Milon Because he is In debt to Peter Dencker But 
thi? Eeplyant urges the Defendants had no Authority to purchase Cattle by the Con- 
tract nor have the Defendants ever paid for such Cows and as the said Cows can 
be Accounted for only once this Eepliant has given Catchella Credit for them in his 
private account with Peter Dencker so that the Defendants have no other Concern 
in the said Cows than to pay their proportion of the purchase as Charged in this 
Eeplyants account Given in under Oath most humbly referred to. 

A Eeply to the 3 d . Article is That there is no such Difference as Pag 8 . 9. 19, 75 
sa'd to arise from the Prime Cost of the Cows being over rated that Sum. 



Pleadings in the Mayor's Court, 1745 127 

Though the 75 Cows might Cost only Pag*. 219. 7. 70. (To give the Defend- 
ants their own way) yet Charges thereon added to the Prime Cost made them come 
to Pag s . 3. 1. 67 each one with another which was the price they stood at in 
this Eeplyants Books. If the Defendants disliked such Price why did they Enter 
into Partnership upon Terms they disliked, or why did they not refuse such offered 
Terms being shewn the Account before the Contract, and as the same was purchased 
before and not after Contract it was thereby in this Eepliants power to put what 
Price he pleas 'd on his Goods bought out of Partnership, and the Defendants, if 
they had pleased, might have rejected being Concerned therein having first seen and 
passed such Account, nay nor ever Complained of such over Charge as they Term it, 
till this Eeplyant sued for his Due. 

A Eeply to the 4 th . Article is That if the Defendants have no Title to deduct 
the above Pagodas 9. 19. 75 to this Eeplyants prejudice, then is this Pagodas 
11. 11. 39 in this 4 th . Article also Erronious these two Articles being the Con- 
sequence of each other, and must Either both stand to this Eeplyants Prejudice or 
be both Struck out to this Eeplyants Justification. 

A Eeply to the 5 th . Article is that this Eeplyant does still persist in it the said 
Straw has been used since the Dissolution of Partnership and will prove it in the 
Issue of this Cause. 

A Eeply to the 6 th . Article is that the Defendants had a large Cask or Leager 
of Salt Beef which the Defendants say was Spoild and thrown away, this Eeplyant 
had also during the Partnership several spare pieces of Beef of which never no Ac- 
count was proposed or taken on either side, But much was spoiled a Great Deal 
gave to the Palanquin boys and more to the Dogs being for the most uneatable, 
therefore if the Defendants will be Capricious, Let them give this Eeplyant Credit, 
for that Cask of Beef said to have been thrown away and then this Eeplyant is ready 
to account for his share received which cannot amount to more than the Defendants 
whereby this Deduction must be Void and of no Effect as to this Honourable Court 
shall seem However this Eeplyant begs leave to make two or three remarks on the 
present Demand. 

The Defendants advance new pretences, that have been past long ago in Old 
Accounts before settled and adjusted The Defendants never made any Complaints 
of being Wrong'd till this Eeplyant demanded payment for the Cows Delivered them 
at the Dissolution of Partnership and the present Cavil is only to suspend the time 
of payment. 

This Eeplyant is under Oath to the account produced to this Honourable Court 
and humbly hopes the same shall be preferred to the Defendants account not Sworn 
to. 

As to the Long account particulars it is Needless and Erroneous and therefore 
this Eeplyant has only Confined himself to the Account Current for to argue the 
other, would be too long to Trouble this Honourable Court with and as the Account 
Current and Objections are sufficient This Eepliant humbly hopes and prays the De- 
fendants may be Ordered to pay the Costs of the said Account so needless annext if 
this Honourable Court shall so think meet. 

As to the Cow house to be Divided the Defendants have been pleased to pull 
it down, since the Commencement of this Suit in so much that this Eepliant before 
offered either to buy or sell at the stated Price of 25 Pagodas, but now the said mate- 
rials pull'd down are hardly worth 10 Pag s . and the Butchers Tools belonging there- 
to and towells &c are by time some Lost, some Broke and most of what is Left good 
for Little, however this Eeplyant is ready to deliver up under Oath, all in this Eeply- 
ants Possession, which with the materials of the said Cow house this Eeplyant prays 
may be put up at Outcry or valued and sold as to this Honourable Court shall here- 
after direct. 

As to the Tallow mentioned in the Defendants Account they have always from 
time to time had their share Except One hundred Weight which this Eepliant sold 
at 2 ffanams a pound to all which this Eepliant is ready to be under Oath if required 
by this Honourable Court if this Honourable Court shall so think meet. 



J 28 Records of Fort St. George 



All which matters and things this Eeplyant is ready to averr maintain and 
prove as this Honourable Court shall Direct and humbly prays as in and by his said 
Bill is already prayed. 

Henry Deveil 

Attorney for the Replyant. 

We under signed hereby agree on a Partnership in the Profits that shall arise 
from the Cows Bullocks Calves Buffaloes and Hoggs that shall be sold to the Europe 
Ships and upon the following Conditions. 

1 st . M r . Milon is to have the Care of Selling and Delivering what Cows and 
will be Sold to the Ships. 

2 d . Peter Dencker is to have the Care of Selling and Delivering D°. to the 
Town and what Milk Cows and Cattle shall be sold to the Country people. 

3 d . We further agree to settle our accounts and share the profits as often as 
we can in the ffollowing manner. 

Peter Dencker to have the half of the Profits and M r . Milon and Catchella to 
have the other half of the said Profits and the Losses to be Divided in the same 
manner if there should happen any. 

4* h . The said M r . Milon and Catchella hereby Oblige themselves not to sell 
or cause To be sold directly or Indirectly Publickly or Privately any of the above 
mentioned sort of Cattle to any person who soever without first acquainting the said 
partners of it under the fforfeit of all their share That shall then be due by this 
Agreement. 

5 th . The said Peter Dencker is to advance all the money for the Buying and 
maintaining of the said Cattle and to receive Interest for such Sums as he shall advance 
on that account he likewise is to receive all such Sums as shall become due 
by the said Cattle and this partnership is not to be broke off but by the Consent of 
two of the said partners and in Case any one of the said partners should want to 
break off this Partnership he is then to Loose and fforfeit all his share of the Profits 
that shall then be due or have been paid to him for the last year past In Witness 
whereof we have hereunto sett our hands in Fort S*. George February the 20 th . 
1741/2. 

Charles Milon. 

1 st . May 1744. 

The Rejoinder of Charles and Mary Milon Def te . to the 
Replycation of Peter Dencker Complainant. 
These Defendants now and at all times hereafter saving and reserving to them- 
selves all manner of Benefit and advantage of Exception to the Incertainty & In- 
sufficiency of the said Replycation say that the Defendants said Answer is certain 
true and sufficient in the Law to be replyed unto and they also say that they have 
Credited the Complainant in an account stated by them for the Ballance of P s . 365. 
20. 71 the Complainant debted these Defendants in his Account purposely to shew 
the Complainant how inadvertently He hath Omitted and over charged Pagodas 127. 
15. 79 Comprehending the six articles as the Complainant set forth in his said 
Replycation and presumes the same remains in dispute, to avoid which and make 
the thing plain and clear, these Defendants have been at the Pains to Insert the par- 
ticulars relating to those six Articles in their Joint Objections and as the Compl* 
doth by Artfull means and methods except them Articles Therefore these Defend- 
ants are Obliged to comply to the Compl** 5 . Exceptions set forth in his said Reply- 
cation. 

As to the first Exception of the Complainant to the first article of P s . 48. 29. 45 
these Defendants say that they never had of the Complainant the whole settlement 
of Accounts relating to 3 different Sales of Cattle in Copartnership that is to say the 
first of five and ^ months the second of 3 months and 20 davs and the 3 rd . of 3 months 



Pleadings in the Mayor's Court, 1745 129< 



and for these Defendants 3 shares of the Profits arising thereon amounting to Pago- 
das 187. 31. 60 the Complainant paid these Defendants P s . 139. 2. 15 saying 
it was all that was due to these Defendants on that account and since the Defendants- 
Came to make up those accounts found out a Deficience of 48. 29. 45 for which 
the Defendants have debted the Complainant as parties Concerned with him in. 
Cattle and as to the Complainants calling in his said Eeplycation the Article of Pag s . 
79. — ■. 50 a false Imaginary Entry and only added to Puzzle the account these 
Defendants cannot admitt of it when they have made it appear due from the Com- 
plainant by the particulars of 3 months and 20 days Sales of Cattle and more fairly 
and openly to whom the same was sold, yet the Complainant is pleased to Call it 
as aforesaid, And these Defendants Observe that the Complainant both acknowl- 
edges and allows these Defendants to be In titled to a proportion of 40 P s . instead of 
Pag s . 22. 24. Paid them for a Breach of a Contract in not Continuing ffive 
months in partnership and these Def ts . are ready to give the Complainants his own 
way upon substantial Proof of these Defendants having Voluntarily broke off from 
their Partnership in 3 months as the Complainant alledges in his said Eeplycation 
and the reason why these Defendants did not before but even at the time the Com- 
plainant demanded his Ballance due object against the P s . 22. 24 afores d . is be- 
cause they had not an Entire Light of the Accounts kept by the Complainant. 

As to the second Exceptions of the Complainant to the second Article for these 
Def ts . Charging Pag s . 35. 27 for Cows bought of Hallooboy they say that they did 
not. buy them in Breach of the ffifth article of their Contract annext to the Com- 
plainants said Eeplycation (as he pretends) but that these Defendants paid the above 
mentioned sum of Pagodas 35. 27 for the Cows at the request of the Complainant 
and therefore these Defendants have Debted him for it in their Account And these 
Defendants know nothing of Catchella's having purchased the said Cows for Ac- 
count of the Complainant, nor of the Credit he has given Catchella in his Separate 
Account, nor does it concern these Defendants at all but the money they have paid 
on that Account as before said, which these Defendants can prove and also that 
Catchella never paid any Consideration for the said Cows. 

As to the third Exception of the Complainant to the 3 d . Article of P. 9. 19. 75 
arising on the prime Cost of 73 Cows delivered to these Defendants at the Dissolu- 
tion of Partnership these Defendants do Admitt the Argument of the Complainant 
in his said Eeplication relating to the Affair of cows so far as to the 20 th . day of 
ffebruary 1741/2 being the time that Charles Milon one of these Defendants hath 
signed the Contract annexed to the Complainant's Eeplication and after then 
there appears by the Complainants own Account Cattle in Copartnership an Article 
of 225 Cows bought by him the 30 th . of May 1742 (the Price of every Cow is not 
distinctly mentioned) at Pagodas 2. 21. 58 each amounting to P s . 585. 27 and 
these were also apprized by the Complainant at Pagodas 3. 1. 67 each one with 
another adding the Charges thereon which the Complainant should not do after- 
wards without the Knowledge or Consent of these Defendants as it was in the Com- 
ply power before these Defendants entered with him into Partnership to put what 
price he pleased to 207 Cows then remaining on hand and the Complainants charg- 
ing the last remaining 150 cows that have been Divided Between the parties con- 
cerned therein at Pag s . 3. 1. 67 each is a Prejudice to these Defendants as they 
will shew here the disadvantage that attends these Defendants That the Complain- 
ant advanced money to buy Cows and pay Charges keeping them and these Defend- 
ants paid Interest on the whole of their half proportion also paid their half Charges 
aforesaid out of the Profit arising on the Sales of Cattle and the Complainant upon 
Transferring the remaining Cows to a new Account and appraizing them with 
Charges paid before thereon hath Enhanced the price of them besides these Defend- 
ants paid Interest on the Charges included in the price of Cows over and over and 
such Additional price put by the Complainant on them occasioned such difference 
of Pagodas 9. 19. 75 which these Defendants have debted the Complainant for 
and to make the thing more plain, these Defendants say that the Complainant 
charged the afs d . 75 Cows with Charges that have been discharged by the preceed- 
ing Sales and his Charging them again with the same Charges, is an over charge 
1715—17 



130 Records of Fort St. George 



which with the Interest these Defendants paid thereon lessens their Proportion so 
much as it amounts to of the dividing Profit on such Sales of Cattle as there hath 
been which is to the advantage to the Complainant and likewise what comes out of 
his proportion after this Rate;, as he being the only Receiver of the money to pay to 
iimself. 

As to the fourth Exception of the Complainant to the 4 th . Article of Pagodas 
11. 11. 39 these Defendants say as aforesaid with regard to Pagodas 9. 19. 
75 Comprehending the one and the same thing. 

As to the 5 th . Exception of the Complainant to the 5 th . article of Pag s . 2 for 
the straw that hath been used before the Partnership was dissolved these Defendants 
do Condescend to the Proof the Complainant offers to give in the Issue of this Cause. 

As to the sixth Exception of the Complainant to the 6 th . Article of Pag s . 20 
these Defendants Charged him for their half of 80 pieces of Salt Beef these Def te . 
absolutely deny that they ever had a large Cask or Leaguer full of Salt Beef (as the 
Complainant now pretends) .to Account with him for the same . 

As to the Complainants remarks in his said Replycation these DefK say that 
they have been all along kept in the Dark and never before now they were thorough- 
ly acquainted with the Complainants Transactions in the affair of Cattle in Partner- 
ship, and therefore these Defendants do now, if not before, Claim their right and 
due, and these Defendants make it observable that the Complain*, calls their Ac- 
count particulars relating to their Partnership needless and Erroneous when the 
same agrees with the Ballance of his Account Current, except the six Article these 
Defendants objected to, which they Humbly hope this Honble Court will think rea- 
sonable to Grant them and further these Defend ts . pray this Honourable Court as 
the Complainant hath been the Occasion of their producing so long Account parti- 
culars to Vindicate themselves from the Charge the Complainant made these Defend- 
ants with so unjust a Ballance of his Account will be pleased to order the Com- 
plainant to pay the Cost of the s d . Acco*. 

The Cow house to be Divided, since the Great Rains last Winter fell down and 
not in the manner the Complainant falsely set forth in his said Replycation and these 
Defendants deny of the Complainants having before the Commencement of this Suit 
offered any such Price as 25 Pagodas for the said Cowhouse or otherwise to sell it 
at the aforesaid price Notwithstanding that these Defendants submitt to the Com- 
plainants Surrender of the Butchers Tools &c a . in his possion to be sold together 
with the materials of the said Cow house either at Outcry or at Valuation, as this 
Honourable Court shall direct. 

The Tallow which the Complainant mentions in his said Replycation to have 
sold One Hundred weight at fanams 2 ^ Pound differs within a Pagoda and 28 
fanams from the amount thereof at the ffoot of these Defendants Account Partner- 
ship with the Complainant. 

As to the request of the Complainant for having Referrees appointed to Ins- 
pect into the Accounts these Defendants wholly submitt themselves to such Order 
as this Honourable Court will be pleased to make in this behalf. 

And these Defendants also say as in and by their said Answer they have already 
said and do and will Averr and maintain all and everything and things therein to be 
true and certain in such manner and fform as they and every of them are therein 
alledged and Expressed. 

William Dumbleton 
Attorney for the Defendant. 

Interrogatories to be administered to such Witnesses as 
shall be produced Sworn and Examined on part and Behalf 
of the Complainant in a Certain Cause wherein Peter 
Dencker of Fort S*. George Merchant is Plaintiff and 
Charles and Mary Milon of the said place Defendant" 



Pleadings in the Mayor's Court, 1745 131i 

Imprimis Do you know the parties Complainant and Defendants in this Cause- 
or either and which of them and how long have you known them or either and which. 
of them Declare . 

2 d . To Taggapah, Tangamiah, Egumbrum, Tombk Nina and Changelleb Item. 
Do you remember the Complainant and Defendant was in any partnership, If yea, 
what Partnership, was there any Quarrell or Dispute arose betwixt the parties, if 
yea, who was the Occasion of such Quarrell, did the parties ever break of Partner- 
ship and how many Months were the Partys separate, what money was due to the 
Defendants and what money was paid to the Defendants, and for what reason paid. 

3 d . Item Do you remember any dispute arising about Salt Beef, if yea in 
whose possession was it, what quantity do you think there might be, what Became- 
of such Beef and what Account hath been Given thereof Declare. 

4 th . Item Do you remember a Cow house betwixt the parties, if yea, what do 
you think is the worth of that Cow house, now as it stands, and what Condition is it 
in at this time Declare. 

5 th . Item Do you know or can you say any other Matter or thing material to- 

the Complt in this Cause If Yea set forth the same as you know have you heard, or 
do believe with the reasons of such your knowledge or Belief Declare. 

Henry Deveil 
AtW. for the Complainant. 



Mayors Court at Between Peter Dencker is Complainant 

Madraspatnam. and 

Charles and Mary Milon Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner iij 
this Court as follows. 

Taggapah of Madras Conicoply aged 40 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant was on the 29t£. day of 
November 1744 shewn at the office of M r . W m . Dumbleton Attorney for the Defend- 
ants by Connecapa who left a note of the name Title and place of abode of the said 
Taggapah and afterwards on the same day being Sworn and Examined Deposeth as 
ffollows. 

1 st . To the first Interry this Deponent saith That he hath known the Com- 
plainant 12 years, The Defend*. M r . Milon 4 years and the Def*. Mary Milon 20 
years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith That he remembers the 
Complt and Defendants were in Partnership together in the Cattle Trade and that a' 
Dispute arose "between them occasioned by Mary Milons breaking off Partnership 
This Deponent knows not how many months the parties were separate Neither can 
he say what money was due or paid to the Def ts . 

To the third Interry this Deponent saith That he rembers a Dispute about 
Salt Beef in the Def ts . possion but cannot say what Quantity there might be of it, 
That he heard it was all spoild Except 4 or 5 pieces which the Defendants sent to 
the Complainant, what was spoiled the Defendants Asserted was Given to the Dogs.. 

To the ffourth Interrogatory this Deponent saith that he remembers a Cow 
house between the Parties That it formerly was worth Seventy Pagodas but this 
Deponent does not think it now worth above two Pagodas, it being almost Demolisht 
and more saith not to these or the last Interrogator v. 

Joseph Githin 

Exam r . TaGGAPAN. 

1745— 17a 



£32 Records of Fort St. George 



Jangamiah [sic] of Madras lately a Servant to the Complainant aged 20 years or 
thereabouts being produced as a Witness in this Cause on the part of the Complain- 
ant and afterwards being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Dep*. saith that He hath known the Complainant 
land the Defendant Charles Milon 6 years and the Defendant Mary Milon he has 
known 12 years or thereabouts. 

2 d . To the second Interry this Deponent saith That he remembers the Com- 
pl*. & Defendants were in Partnership together in the Cattle Trade and that a dis- 
pute arose between them Occasioned by the Def*. Mary Milons breaking off Part- 
nership. This Deponent knows not how many months the parties were Seperate 
neither can he say what money was due or paid to the Defendants 

To the third Interry this Deponent saith that he remembers a Dispute arose 
hut salt Beef in the Defendants Possession but cannot say what Quantity there might 
be of it, That he heard it was all spoild Except two or three pieces which the Defend- 
ants said to the Complt what was spoil'd the Def*. Mary Milon declared was Given 
to the Doggs. 

To the ffourth Interry this Deponent saith that he remembers a Cow house 
between the parties formerly worth about 70 Pagodas but it is now fallen down and 
more saith not to these or the last Interrogatory. 

Joseph Githin 

Exam T . 

Jangamiah [sic]. 

Yeakambrum of Madras Conicoply lately so to the Complainant aged 30 years 
or thereabouts being produced as a Witness in this Cause on the part of the Com- 
plain*, and afterwards being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
•Complainant and the Defendant Charles Milon for 5 years, and the Defendant Mary 
Milon he hath known 10 years or thereabouts. 

2 d . To the second Interry this Deponent saith That he remembers the Com- 
plainant and Defendants were in Partnership together in the Cattle Trade as also 
that a dispute arose Between them occasioned by the Complainants breaking off 
Partnership he ffurther saith that the parties were separate about 5 months but can- 
not say what money was due or paid to the Defendants. 

To the third Interry this Deponent saith that he remembers a Dispute about 
.Salt Beef in the Defendants possession but cannot be certain as to the Quantity that 
he saw a Tub full which he Imagines might contain about Ten or Eleven pieces, two 
or three of which were sent to the Complainant the remainder the Def te . declared 
was spoiled and given to the Dogs. 

To the ffourth Interry this Deponent saith that he remembers a Cow house 
hetween the parties which was formerly worth about 60 Pagodas but it is now ruinated 
there remaining no more of it at this time than the Muddwalls and more saith not 
to this or the last Interrogatory. 

Joseph Githin Yeakambrum 

ExamT. 

Tombt Ninah of Madras Butcher aged 20 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterw^. being Sworn 
& Examined Deposeth as follows. 

I s *. To the first Interrogatory this Deponent saith that he hath known the 
Complainant Two years or thereabouts but has no certain knowledge of the Defend- 
ants. . 



Pleadings in the Mayor's Court, 1745 133 



2 d . To the second Interry this Deponent saith That he remembers the Com- 
plainant and Defendants were in Partnership together in the Cattle Trade and that 
a dispute arose Between them occasioned by the Defendant Mary Milon's breaking 

off Partnersp. This Deponent knows not how many months the parties were Sepa- 
rate neither can be say what money was due or paid to the Defendants. 

To the 3 d . Interry this Deponent saith that he remembers a dispute arose 
^about Salt Beef in the Defendants possession but cannot say what Quantity there 
might be of it That he heard it was all spoiled and Given to the Dogs. 

To the ffourth Interrogatory this Deponent saith that he remembers a Cow 
house between the parties That it is Intirely Demolished there remains, no part 
thereof now but the Mudd Walls and more saith not to these or the last Interrogatory. 

Joseph Githin The mark oj Tomby Ninah. 

Exam r . 

Changellee of Madras Dealer in Cattle aged 40 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 5 years the Defendant Charles Milon 3 years and Def*. Mary Milon 10 
years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith That he remembers the 
Complainant and Defendant were in Partnership together in the Cattle Trade as also 
that a Dispute arose between the parties But Cannot say who was the Occasion of 
the Dispute or further to any particular Questions enquired off in this or the third 

Interry. 

To the fourth Interry this Deponent saith that he remembers a Cowhouse 
between the parties that is now ruinated there remaining no more at this time than 
the Mudd Walls and more saith not to this or the last Interrogatory. 

Joseph Githin The mark oj Changellee. 

Exam T . 

Interrogatories to be Administred to such Witnesses as 
shall be produced sworn and Examined on behalf of the 
Complainant in a certain Cause wherein one Peter Dencker 
of Madras Merchant is Complainant and Charles and Mary 
Milon is Def ts . 

To all the Witnesses Imprimis Do you know the parties Complainant and 
Def te . in this Cause or either and which of them and how long have you known them 
or either and which of them. 

2 d . To Taggepah Conicoply Item Do you know of any of the Transactions 
that have passed in Partnership Betwixt Peter Dencker and Charles and Mary Milon 
if yea set forth all you know all you have heard and all you do Believe with the rea- 
sons of such your knowledge or belief Declare. 

3 d . To Tellesinga Cowkeeper Item was you ever concerned in the Cattle 
Trade with Peter Dencker If yea set forth what profit you shared on the sale of such 
Cattle how many Cattle was Remaining at the Dissolving your Partnership and what 
.price did such remains stand at in your Accounts Declare. 

4 th . To Catchella Cowkeeper Item was you ever Concerned in the Cow 
Trade with Peter Dencker and Tellesinga if yea, say what Profits you shared in the 
said Concern what remains of Cattle was left at breaking off and what each Cow 
stood at in your Account Declare. 

5 th . To Subramony Conicoply Item Do you know any Transactions that 

■passed in the Cow Trade between Peter Dencker, Catchella and Tellesinga if yea say 

what Profits the parties shared what remains of Cattle was Left at Breaking "off and 

what each Cow stood at in your account kept for Catchella and what year and month 



234 Records of Fort St. George 



the said partnership was Broke off can Catchella read, write, or keep account De- 
clare. 

6 tk . To Nellamoota Cowkeeper Item Do you know or can you say any^ 
thing Concerning a parcel of straw that was purchased in the Partnership what 
Quantity was bought and what became on it to whose use was it applied Declare. 

7 th . To all the witnesses Item Do you know or can you say any other 
matter or thing material for the Complainant in this Cause if yea set forth the same 
as you know have heard or do Believe with the reasons of such your knowledge or 

Belief Declare. 

Henry Deveil 

Attorney for the Complainant. 
Mayors Court at 
Madraspatnam. 

Between Peter Dencker Complainant 

& 
Charles and Mary Milon Defend ts . 
Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Taggapah of Madras Conicoply to the Complainant aged 40 years or there- 
abouts being produced as a Witness in this Cause on the part of the Complt was on 
the 22 d . day of March 1744/5 Shewn at the Office of M r . W™. Dumbleton Attorney 
for the Defendants by Connecapa who left a Note of the name Title and place of 
abode of the said Taggapah and afterwards on the same day being Sworn & Exa- 
mined, Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 12 years the Def*. Charles Milon 4 years and the Defendant Mary Milon 
20 years or thereabouts. 

2 d To the 2 d . Interry this Deponent saith that he is acquainted with some 
Transactions relating to the Partnership between the Complain*, and Defend* 15 , 
which ffollows, The parties Commenced partnership the first time in the year 1741' 
when Catchella was joined with them That they continued tog r . 5 or 6 months 
when the Partnership being dissolved the accounts was settled and there appeared 

P. fis. 

a Ballance of 22. 24 due to the Defendants who then demanded payment thereof 
but the Complain*, at that time refused whether it has since been discharged knows 
not he further saith that the Defendants afterwards joined in Partnership with 
M ra . Phillips and the Complainant with Catchella and Tellesinga in the Month of 
Nov 1 ". 1741 and Continued till the 10 th . of ffebruary following in which Term of 
time there had been shared as profit between the Complainant Catchella and Telle- 
singa the sum of 168. 23. 35. That the Complainant turned out Tellesinga and Joined 
a second time with the Defendants and Catchella at which time he had the Stock of 
207 Cattle value 719. 7. 10 what has since passed this Deponent knows not having 
left the Service, and more saith not to this or the last Interrogatory. 
Joseph Githin Exam r . Taggapiah. 

Telle singar of Madras Dealer in Cattle aged 31 years or thereabouts being 
Produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as ffollows. 

1 st . To the ffirst Interrogatory this Deponent saith that he hath known the 
Compl*. 5 years The Defendant Charles Milon 3 years and the Defendant Mary 
Milon 10 y rs . or thereabouts. 

3 d . To the third Interry this Deponent saith That he was Concerned in the 
Cattle Trade with the Complainant 3 months and that he received upwards of 20 P s . 
as his share of Profit on the sale of Cattle but cannot say the amount of the whole 
That 207 Cows remained at the Dissolving the Partnership Value P s . 719. 7. 10 and 
more saith not to this or the last Interry. 
Joseph Githij? Exam r - Tellesingar. 



Pleadings in the Mayor's Court, 1745 135 

Catchalla of Madras Dealer in Cattle aged 32 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant, and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 8 years the Defendant Charles Milon six years and the Defendant Mary 
Milon 10 years or thereabouts. 

4 th . To the 4 th . Interry this Deponent saith that he was Concerned in the 
Cattle Trade with the Complainant But cannot recollect what profit was shared 
thereon, neither can he remember what remains of Cattle was Left at the breaking 
off Partnership That the price of the Cows was from a Pagoda & a ^ to 3 Pagodas 
and more saith not to this or the last Interrogatory. 

Catch*. 
Joseph Githin Exam r . 



Subeamoney of Madras Conicoply aged 28 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterwards being 
sworn and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Dep*. saith that he hath known the Complainant 
and the Defend 133 . 5 years or thereab te . 

5 th . To the fifth Interry this Deponent saith that he knows the Complainant 
Catchalla and Tellesingar shared the sum of 84 Pag s . as Profit on the Sale of Cattle 
and that 218 Cows remained at the breaking off Partnership which was Computed 
at about three Pag s . ahead he ffurther saith that the Partnership was broke off on 

the Tenth of ffebry 1741/2 and that Catchella can neither read, write, or keep 
Accounts and more saith not to this or the last Interrogatory. 

SlJBRAMONEY. 

Joseph Githin Exam T . 



Nella Moota of Madras Cowkeeper aged 28 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant and the Defendant Mary Milon 10 years and the Def*. Charles Milon he 
hath known 3 years or thereabouts. 

6 th . To the Sixth Interrogatory this Deponent saith That he knows a Quan- 
tity of straw was purchased in Partnership to the amount of 5 Pagodas That a part 
thereof to the Value of a Pagoda and a half was applied to the use of the Cattle 
wherein the parties were Jointly Concerned and the remainder was sold by Catchella 
and more saith not to this or the last Interrogatory. 

The mark of Nella Moota. 
Joseph Githin Exam r . 



Interrogatories to be administred to such Witnesses. 
[Four pages of the original are missing here.~] 

5 th . To all the Witnesses Do you know or can you say any thing more 
material for the Defendants Declare. 

William Dumbleton 
'Attorney for the Defendants. 



136 Records of Fort St. George 



Mayors Court at 
Madraspatnam. 

Between Peter Dencker Complainant. 

And Cha s . and Mary Milon Defendants 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Catchally of Madras Dealer in Cattle aged 32 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Defendants was on the 2 d . day 
of March 1744/5 shewn at the Office of M r . Henry Deveil Attorney for the Com- 
plainant by Connecapa who left a Note of the name Title and place of abode of the 
said Catchally and afterwards on the same day being Sworn and Examined Deposeth 
as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plain*. 8 years The Defendant Charles Milon 6 years and the Defendant Mary 
Milon 20 years or thereabouts. 

2 d . To the Second Interry this Depon*. saith that he knows the Cadjan now 
Shewn him at this his Examination marked thus W. D that it is Alleboys Receipt 

P*. fa- 

to the Def*. Cha s . Milon for the sum of 35. 27 paid him at the time he gave it by 
the said Defendant on Account of Eleven Cows he had bought of Alleyboy and 
more Saith not to this or the last Interrogatory. 

Catcha. 

Joseph Githin Exam r . 

Subramoney of Madras Conicoply aged 28 years or thereab* 8 . being produced 
as a Witness in this Cause on the part of the Defendants and afterwards being 
sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Dep*. saith That he hath known the Complain*.. 
& Def** 5 . 5 y re . or thereabouts. 

3 d . To the 3 d . Interry this Deponent saith that he wrote the Cadjans now 
produced and Shewn him at this his Examination marked from N°. 1 to 9 by the 
directions of the Defendant Mary Milon That they contain the Accounts of Cattle 
bought and sold between the parties as also the Charges thereon he further saithi 
that he did read the Contents of the said Cadjans to M r . Mendez in order to have 
them put into English and more saith not to this or the last Interry. 

Subramoney. 
Joseph Githin Exam r . 

Moodu of Madras Dubash to the Defendants aged 20 years or thereab* 8 . being 
produced as a Witness in this Cause on the part of the Defendants and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Compl*.; 
& Def te . 4 years or thereabouts. 

4 th . To the 4 th . Interry this Dep*. saith that he drew the Writing on the 
Cadjan marked I. G. now produced and shewn him by his Master the Defendant 
Charles Milons Order that it contains a Receipt signed by one Vengonah for the Sum 
of 4 Pagodas which his said Ma r . paid him on Account of Straw he had Bought of 
the said Vengonah and more saith not to this or the last Interry. 

Moodu. 
Joseph Githin Exam r . 



Pieadings in the Mayor's Court, 1745 137 

Mayors Court at 

Madraspatnam . 

Tuesday the 13 th . day of August Auno Domini 
1745 Between Peter Dencker of Madras Mer- 
chant Complainant and Charles Milon and Mary 
his Wife of the same place Publicans Defen- 
dants. 

This Cause coming on this day to be heard and Debated before this Court 
in the presence of the parties and of the Attorneys on both sides On hearing 
the Complts Bill with Copys of a Contract and ol a General Release thereto 
the Complainant on the 1 st . Nov 1 '. 1743. The Def ts . Objections to the premen- 
annext The Dei^s. joint answer, three accounts of cattle in Copartnership with 
parties and one with Dencker, Catchella and Tellesinga and an Account Cur- 
rent between the Complainant and Def ts . delivered into Court under Oath by 
tioned Accounts an Acco*. Curr*. with the PI*, with 4 Accounts of Cattle in 
Partnership and the Defend ts . Account Current with the Complainant deli- 
vered into Court by the Defendants the 29 th . Nov 1 '. 1743 The Replycation with 
a Contract under the hand of the Def*. Charles Milon thereto annext, The 
Rejoinder also the Proofs taken in this Cause read, And on Examination of the 
matters in this Cause what was alledged on either side and due Consideration 
had thereon; this Court doth therefore think fit to order and Decree and doth 
accordingly Order and Decree that the Defendants do pay unto the Complai- 
nant the full & Just sum of 329. 29. 71 Current of Madras, so much appearing 
to be due to him from the Def ts . for Ballance of Account tog r with Int. after 
the Rate of 8 f Cent If Annum on the sum of Pags. 228. 29. 65 from the 22<*. 
April 1743 being the Date of the dissolution of the Partnership Between the 
Parties untill full Payment is made, and also the Costs of this Suit. 

J$ Cur 
Noah Casamajor 

Retf. 



30^. July 1745. 

To the Honourable the Mayors Court at 
Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Oror Atta- 
puttee Comrapah Chitty Merchant Inhabitant of Madras That Teagapa Mastre 
Carpenter also residing in this place being in want of money made Applica. to 

your Oror for the loan thereof on which your Orator did advance and lend to 
the said Teagapah the full and Just Sum of Pagodas 218 to Secure the Repay- 
ment thereof he the said Teagapa did sign and Give to your Oror one Cad j an 
Note or Writing bearing date in Madras the 21 st . day of December which was 
in the year of our Lord 1730 thereby obliging himself to repay the same when- 
ever demanded with Interest thereon at the rate of Eight If? Cent f! Annum. 
Translate of said Obligation is hereunto annexed for the Inspection of this 
Honble Court, and your Orator prays the same may be admitted as part of this 
your Orators Bill of Complaint and your Orator shews that he has often in the 
most ffriendly manner applied to the said Teagapah to discharge his said Obli- 
gation to your Order. But now so it is May it please this Honourable Court 
the said Teagapa cannot be brought to Comply with his said Engagement to 
your Orator. To the End therefore that the said Teagapah may upon his Cor- 
poral oath True and perfect answer make to all and every the matters afore- 
said as fully and truly to all Intents and purposes as if the same were here 
again repeated and Interrogated and be decreed to pay your Orator the full 
Principal and Interest due on the before recited Obligation And that your 
orator may have such further and other relief in the premises as shall be agree- 
.able to Equity and good Conscience. 

Rob t . Sloper 
Attorney for the Complainant. ' 
1745—18 



138 Records of Fort St. George 



21 st . Dec r . 1730. Madeaspatnam. 

I Teagapa Mastee Son of Surravarumbatu Moocaushen do hereby acknowledge 
to have borrowed and received of Attaputty Comrapah Chitty the sum of 218 Pagodas 
Current of Madras which sum I promise to pay on demand with Interest at 8 ; ^ Cent 
i$! Annum. 

Teagapa' s Mark. 

Witness 

Noormacoor Chitty. 

Tombo Mootu Nina Chitty. 
drawn by Ninopilla. 

Translated from a Cadjan said to be the Grig 1 . 

Joseph Githin Exam r . 

ma yobs couet at 

Madeaspatnam. 

Tuesday the 20 th . day of Aug*. Anno Dni 1745 
Between Attaputta Comrapah Chitty of Madras 
Merchant Complainant and Teagapa Master 
Carpenter of the same place Def*. 

On hearing the Complts Bill with Translate of a Cadjan Bond under the 
Defendants hand dated the 21 st . Dec r . 1730 for Pagodas 218 thereto annext read 
The Defend*, appearing in Court acknowledged the Execution of the said Bond and 
the Justness of the Complainants Demand. Oh due Consideration had this Court 
doth therefore think fit to order & Decree and Doth accordingly order & Decree 
pa 218 * nat tne Deft, do pay unto the Complainant the full & just sum of 218 Pag 8 . Curr*. 
of Madras being the Principal money of the before ment d . Bond tog r . with such 
Interest after the rate of 8 ^ Cent if! Ann. as now is or shall hereafter become due 
thereon until full payment is made and also the Costs of this Suit &c. 

;? Cue 
Noah Casamajoe 

Reg*. 



13 th . Nov r . 1744. 

to the honoueable the mayoes couet at 
Madeaspatnam. 

Humbly Complaining sheweth to this Honourable Court your Oror Baga Chitty 
laggapah Merchant of Madras That one Baunacurrah Nellacundah Chitty and his 
son Pandarum Chitty both Merchants of Madras having at divers times had sundry 
dealings with your Oror, and always Jointly and Separately In so much that all 
Accounts with both or either were always Deemed one and the same Account, and 
settled as such and a Ballance then arising in your Orators favour, the ffather and 
Son did settle & adjust the same on or about the 10 th . day of May 1737 on which 
certain day there did appear to be due to your Orator the full and just Sum of 
258. 15. 30 Current of Madras which in Sterling Money of Great Britain allowing 
e. p- s. d. „_ 

8 $ Pa. amounts to 103. 4. or thereabouts and your Oror shews such Ballance 
was admitted on all sides. 



Pleadings in the Mayor's Court, 1745 



139 



And tis admitted by your Orator that since the Adjustment of this Account the 
said ffather and Son hath Jointly and separately paid in part of the aforesaid Pag s . 
258. 15. 30 :— 



On July 11 th . 1737 

Do. 19 


10 

24 


29 20 






On Aug*. 20*. 1737 

D°. Oct'. 2 


10 
15 


— — 






Do. Deer. 25 


25 


— — 






Do. Oct r . 5. 1738 


10 


— — 






Do. April 6.1739 

Do. 8 


20 
19 


z z 






Do. Aug*. 2. 1744 


10 


18 — 


144 


1 1 20 


So that the Ballance due to your o 


rator is 




114 


4 10 



And your orator shews that frequent Applycations hath been made to both 
the said ffather and Son for payment of what remains due and Interest thereon, but 
so it is the said ffather had absented himself from this place, now a few days, and 
your Orator can only have recourse to his son Pandarum Chitty now being and resid- 
ing in Madras of whom your Orator hath since demanded the said Ballance but he- 
refuses to Give your Orator any satisfac. in the premisses. 

To the End therefore that the said Pandarum Chitty and Bannacurrah Nella- 
cunda Chitty, both or either of them to be found may upon their Corp 1 . Oaths true 
and perfect Answer make to all and every the matters aforesaid as fully Truly and 
Effectually to all intents and purposses as if the same was here again repeated and 
Interrogated and be decreed to pay your Orator his Ballance due as aforesaid and 
that your Orator may have such ffurther and other Relief in the Premisses as may 
be Agreeable to Equity and Good Conscience. 

Henry Deveil 

Attorney for the Compl*. 

4 th . December 1744. 

The Separate Answer of Pandarum Chitty of 
Madras Merchant Defendant to the Bill of Com- 
plaint of Raga Chitty Teagapah of the same 
place Merchant Complainant. 
The Said Defendants Saving and reserving to himself all Benefit of Excep. to 
the Errors and Imperfections in the said Bill Contained for answer thereunto or 
unto so much thereof as he is advised materially concerneth this Defendant to make 
answer unto He this Defendant answereth and saith. 

That he possitively denies ever to have had any Dealings with the Compl*. either 
Jointly with this Def ts . ffather, or separately by himself as is most Notoriously set 
forth by the Complain*, in his Bill of Complaint, and that, that being in the year 
1737, at which time the Complainant pretends and sets forth in his Bill of Complaint 
to have settled and adjusted accounts with this Def*. All which this Defend*, denies 
for that this Def*. saith that he was not in Madras at the time set forth by the Com- 
plainant in his Bill of Complaint having departed from hence in the year 1735 in order 
to go to Ceylon, which this Def*. did and from thence to sev 1 . other places and did 
not return back to Madras until the year 1741 as this Def*. can plainly make appear 
and bring sev 1 . Witt 8 , to prove the same. Therefore this Defendant referrs this 
pretended Dispute and Trumpt up Affair to the Judgment of this Honourable Court. 

All which matters and things this Defendant is ready to averr maintain and 
prove the same as this Honourable Court shall award and humbly prays to be hence 
Dismissed with his reasble Costs & Charges in this Behalf most wrongfully sustained. 

William Dumbleton 
r Atty. for the Complainant. 



1745— 18a 



140 Records of Fort St. George 



24 th . December 1744. 

The Eeplycation of Eaga Chitty Teagapah to 
the Answer of Pandarum Chitty. 

The Said Eeplyant saving to himself all advantages of Exception to the Incer- 
tainties Untruths and Insufficiencies of the Defendants answer for Eeplica. there- 
unto saith that all and singular the mres and things in the said Bill contained are true 
as is therein alledged and that the Answer of the said Def*. to the said Bill is very 
untrue, Imperfect and Insufficient to be replied unto For though as he says he may 
have been some time out of the place Yet we shall prove he shall always paid and 
received money for and with his ffather and is a Gen 1 . Partaker of what is paid to his 
ffamily. 

In the [sic] 1734 the Def*. in Company with his ffather paid this Eepliant in 
part of this very Account 609 Pagodas and before he departed and since his Arr 1 . hath 
paid and received Several Sums to and from this Eeplyant and hath frequently pro- 
mised payment of the Ballance sued for even since the Commenc*. of this Suit and tho' 
Defendant may think that pleading Ignorance may be a Sanction yet this Eeplyant 
will make it plain that the now Defendant is answerable for the present demand as 
he has always Enjoyed the Benefit of being Partaker and receiver of all such Sums 
as have been paid his ffamily by this Eeplyant. 

All which matters and things this Eeplyant is ready to averr maintain and prove 
as this Hohble Court shall direct and humbly prays as in and by his said Bill is already 
pray'd. 

Henry Deveil 
Attorney for the Complainant. 

•5 th . March 1744. 

The Eejoinder of Pandarum Chitty of Madras 
Defendant to the Eeplyca of Eaga Chitty Teaga- 
pa of the same place Eeplyant. 
The said Defendant now and at all times saving and reserving to himself all and 

all manner of Benefit and advantage of Exception saith that this Defend* 8 . Answer 

is certain true and sufficient in the Law to be Eeplied unto and that the Eeplyca is 

untrue and Imperfect and this Defendant ffurther saith. 

As to that part of the said Eeplyca. that says this Defendant has paid money 
for and with this Defendants ffa r . this Def*. says even admitting this part of the 
Eeplyca true he humbly Conceives he might be Employed as a Messenger bv his 
ffather to carry money on his ffather's Account to any Person without becoming liable 
(by doing his Duty) to pay his ffather's debts. 

All which matters and things this Defendant doth Averr and is ready to main- 
tarn and prove as this Honble Court shall please to direct and humbly prays as in and 
by his Answer he has already prayed. 

William Dumbleto]/ 
Attorney for the Defendant 

Interrogatories to be administred to such 
Witt 8 , as shall be produced Sworn and Exa- 
mined on the part and behalf of the Complainant 
m a certain Cause wherein one Baunacurrah 
Nellagunda Chitty and Pandarum his son are 
Defendants and Eaga Chitty Tagapah is Com- 
plainant. 

flr I™ v iTJ £** th f Parties complainant and Defendants in this Cause 

of them DecllS g 7 ° U kn ° Wn them or either and which 



Pleadings in the Mayor's Court, 1745 141 



2 d . To Nellatomby Chitty, Noreainapah, Aucka Labbee, Tangee Chitty 
Item Do you know of any Accounts that have passed between the Plaintiff and 
Defendants if yea who Borrowed the money on which the present demand is ffounded, 
who lent the said money was there ever any Ballance made Between the parties to 
your knowledge and what was the amount of that Ballance and to whom was any 

Ballance due, who promised payment of this Ball how often and at what times and 
what Offers have been made to that Effect who made those Offers, and what Answers 
was made and by whom Declare. 

3 d . To Chittumbala Chitty, Raga Chitty, Vellapah Chitty Item Do you 
know in what year the Defendant Pandarum returned from Sea, what discourse did 

you hear to pass bet the Def*. Pandarum & the Compl*. where is the Def*. Pandarum's 
ffather at this time, What was the reasons he absconded did you ever see any money 
paid or lent by the Complain*, to either or both of the Defendants if yea was they in 
Company or Separate when such money was received, or when any money paid back 
Do you know or can you say any other matter or thing material for the Complainant 
in this Cause if yea set forth the same as you know have heard or do Believe with 
the reasons of such your Knowledge or Belief Declare. 

Henry Deveil 
Atty . for the Complainaiit. 

Mayors Court at 
Madraspatnam. 

Between Raga Chitty Tagapah Complain*, and 
Baunacurrah Nellagunda Chitty & Pandarum 
Def ts . 

Depositions of Witnesses in this Cause taken by and before the Exam r . in 
this Court as follows. 

Nellatomby Chitty of Madras Servant to the Complainant Aged 45 years or 
thereabouts Being produced as a Witness in this Cause on the part of the Complainant 
was on the 28 th . day of March 1745 shewn at the Office of M r . W m . Dumbleton Attor- 
ney for the Defendants by Connecapa who left a Note of the Name Title and place of 
abode of the said Nellatomby Chitty and afterwards on the same day being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that He hath known the Compl* 
32 years and the Defendants 20 years or thereabouts. 

2 d . To the 2 d . Interry this Deponent saith that he knows the Defend** 5 . Borrow'd 
the sum now sued for of the Complainant and that Accounts were Settled Between 
the parties when a Ball, of 130 Pa s . or thereabouts appeared in flavour of the Com- 
plain*, which the Defend*. Nellagunda Chitty then promised paym* of as also that 
both the Defendants afterwards promised paym*, thereof 3 sev 1 . times within the 
space of 5 months. This Dep*. knows not of any Particular Offers being made in 
regard to the s d . Ball, or can fur r . say to this Interry. 

To the 3 d . Interry this Dep*. saith that the Defendant Pandarum returned from 
Sea about 4 months ago but never heard any discourse pass between him and the 
Complainant That Pandarums ffather is in the Country the name of the place this 
Deponent is not acquainted with But saith he absconded on account of the present 
demand, he fur r . saith that he is seen the Compl*. lend money to the Defendants 
sev 1 . times & that they were always tog r . when the money was lent but for the most 
part Separate when they made any payments and more saith not to this or the last 
Interrogatory. 

Nellatomby.) 

Joseph Githin 

Exam:?. 



142 Records of Fort St. George 



Norrainapah of Madras the Complainants Peon aged 58 y rs . or thereabouts 
being produced as a Witness in this Cause on the part of the Compl*. and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Dep*. saith that he hath known the Compl*. 35 
years & the Defendants 15 years or thereabouts. 

2 d . To the second Interry this Depon*. saith, that he knows of accounts 
that have passed Between the parties and that the Def ts . Borrowed the 
Sum on which the present demand is founded of the Complainant, he ffur r . 

saith that Accounts were settled between the parties when there appeared a Ball of 
124 Pag s . and odd fanams due to the Compl*. which both the Def* 8 . at that time as 
also at sev 1 . other times promised payment of. He likewise saith that he heard the 
Defendants offered to pay the Complainant the sum of 40 or 50 Pagodas in part of the 
above Ballance and to give him a Bond for the rem 1- , and that the Complain*, refused 
to take any part thereof but Insisted on the whole. 

To the third Interry this Deponent saith that he knows not in what year the 
Defendant Pandarum returned from Sea, nor did he ever hear any discourse pass 
Between him and the Complainant, That Pandarum's ffa r . is in the Country, the 
Name of the place he cannot recollect but saith he Absconded on Account of the 
present Demand he fur r . saith That he has seen the Compl*. lend money to the Def te . 

and that they were always in Comp. tog r . when they reced any money but were for 
the most part separate when they made any returns and more saith not to this or the 
last Interrogatory. 

Joseph Githin The mark of Norrainapah. 

Exam r . 

Auckee Labbee of Nagapatam Merchant aged 50 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plain*. 10 years and the Def te . 10 months or thereabouts. 

2 d . To the second Interry this Deponent saith that he is acquainted with ac- 
counts which have passed Between the parties and that both the Defendants Borrow- 
ed the sum on which the present Demand is founded of the Complainant he further 
saith that accounts were settled between the parties and there appeared a Ballance 
of upw ds . of an 120 Pagodas in favour of the Complainant which the Defendants 
then promised payment of and after that the [sic] offered to pay the Complt half the 

above Ball and to give him a Bond for the Remainder which the Complainant refused 
saying he Insisted on the whole debt together and more saith not to this, the third, 
or the last Interrogatory. 

Joseph Githin Auckee Labbee. 

Exam T . 

Taungee Chitty of Madras Merchant aged 38 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterw^. being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Complain- 
ant and Defendant 30 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he is acquainted with 
accounts that have passed Between the parties and that he heard before the Defend- 
ants Borrowed the Sum on which the present demand is founded of the Complain*, 
as also that a Ballance of 124 Pagodas odd ffanams when accounts were settled ap- 
peared due to the Complainant which both the Defendants then promised paym*. of 
as also 20 or 30 times afterwards within the space of twelve Months. He further 
saith that a time when he this Deponent. Aucker Labbee and Chittumbala Chitty 
were in Complainant the Def ts . came and offered to pledge a quantity of Toys for 60 



Pleadings in the Mayor's Court, 1745 



143 



Pagodas which Sum they desired the Complainant would receive in part of the above 
Ballance and they would give him a Bond for the Remainder that the Complainant 
refused to take any part but Insisted on payment of the whole Ballance. The De- 
fendants then desired this Deponent and the rest as above to entreat the Complainant 
on their Behalf who advised them to raise what money they could and promised their 
Endeavours to perswade the Compl*. to take it, which the Defendants promised but 
neglected. 

To the 3 d . Interry this Deponent saith that he knows not in what year the Def*. 
Pandarum returned from Sea or of any discourse that may have passed between the 
Complainant That Pandarums father is in Munnapaucum where he absconded on Ac- 
count of the present demand he further saith that he never was present when the 

Defendants borrowed any money of the Complt or when they made any returns 
thereof neither can he say whether or no the Defendants were in Company or Sepa- 
rate when any money was so lent or repaid or further to these or the last Interro- 
gatory. 

Joseph Githin 

Exam r . Taunjee. 

Chittambala Chitty of Madras Merchant aged 44 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Compl fc . 
25 years and the Defendants 15 years or thereabouts. 

2 d . To the second Interry this Dep*. saith that he heard the Defendants Bor- 
rowed the Sum on which the present demand is founded of the Complainant as also 
that accounts were settled between the parties and that a Ballance of 124 P s . or 
thereabouts appeared due to the Complainant which the Defendants then Promised 
payment of. He further saith at a time when this Deponent Auckee Labbee and 
Taunjee Chitty were in Company with the Complainant The Def te . came and offered 
to pledge a quantity of Toys for 60 Pagodas which they desired the Complainant 
would receive in part of the above Ballance and take a Bond for the remainder That 
the Complainant refused to take part thereof but Insisted on payment of the whole 
Ballance, The Defendants then desired this Deponent and the rest as above to En- 
treat the Complainant for them who advised them to get what money they could and 
promised their Endeavours to perswade the Complain*, to take it which the Defend- 
ants promised but neglected. 

To the 3 d . Interry this Dep*. saith that he believes it is about three or four years 
since the Defendant Pandarum returned from Sea but never heard of any discourse 
■he ever had with the Compl*. That he heard the Def*. Pandarums ffather is in Munna- 
paucum and that he absconded on Account of the present demand he further saith 
that he never was present when the Complainant lent any money to the Defendants 
or when any Payments thereof were made neither can he say whether or no the De- 
fendants were in Company when any money was so lent or repaid or further to this 
or the last Interrogatory. 

Joseph Githin 

Exam r . Chittumbalum. 

Raga Chitty of Madras Merchant aged 31 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterwards Being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith That he knows the parties Com- 
plainant and Defendants and hath so known them 20 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he is not acquainted with 
. any Accounts that may have passed Between the parties neither does he of himself 



144 Records of Fort St. George 



know who Borrowed or Lent the money on which the present Demand is founded or 
of any Ballance being made Between the parties but saith that the Defendants sent 
for him this Deponent and desired him to go to the Complainant and tell him they 
wanted to settle the affair Between them and Begg'd this Deponent to use his Endea- 
vours on their Behalf That this Deponent waited on the Complainant and delivered 
him the Defendants Message who replied it was Better to make it up and at this 
Depon te . request went with him to the Def ts . who immediately brought a Bandage 
Beetle Nutt and 20 Pagodas thereon which they offered to the Complainant who re- 
fused the offer and said they treated him as a Begger and was surprized they could 
imagine he would take 20 Pagodas and a Little Beetle in Consideration of a debt of 
an 124 Pagodas and departed full of Resentment. This Deponent further saith that 
the Complainant afterwards shewed him the Def ts . Account and desired this Depo- 
nent and one Taunjee Chitty to carry it to the Def ts . who when they had perused the 
same acknowledged it to be just whereon this Deponent asked them how they could 
offer 20 Pagodas in discharge of a debt of an 124 Pagodas the Defendants's replyed 
they were very poor and were not able to discharge the whole debt and desired this 
Deponent and Taunjee Chitty to use their Endeavours to make it up for 50 or 60 
Pagodas and more saith not to this or the last. 

To the third Interrogatory this Deponent saith That he knows not in what year 
the Defendant returned from Sea or of any discourse he ever had with the Complain- 
ant That his ffather is at Munnapaucum where he absconds on account of the present 
Demand and more saith not to this or the last Interrogatory. 

Joseph Githin 

Exam r . 

Ragee Chitty. 

Vellapah Chitty of Madras Merchant aged 40 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complain*, and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 25 years and the Defendants 20 years or thereabouts. 

2 d . To the second Interry this Deponent saith That he is Acquainted with 
Accounts that have passed Between the parties and that the Defendants Borrowed 
the Sum on which the present Demand is founded of the Complainant he further 
Saith that Accounts were settled between the Parties and that a Ballance of an 124 
Pagodas and odd ffanams appeared in ffavour of the Complainant which the Def ts . 
then promised Payment off and afterwards offered to pay 50 Pagodas in part thereof 
and give a Bond for the Remainder which Plaintiff Consented to, To the third In- 
terry this Deponent saith that it is about ffour or ffive years since the Defendant 
Pandarum returned from sea But knows not of any discourse that mav have passed 
Between him and the Complainant That his ffather is at Munnacaupum [sic] where 
Ee absconds on Account of the present demand he further saith That he never see any 
money Lent by the Complainant to the Defendants neither does he know whether the 
Defendants^were in Company together when they Borrowed or repaid any money to 
the Complainant and more saith not to these or the Last Interrogatory. 
Joseph Githin Exam r . 

Vellapah Chitty. 

Additional Interrogatories to be Admim'stred 
to such Witnesses as shall be produced Sworn 
and Examined on Behalf of the Complainant 
in a certain Cause wherein one Raga Chitty 
Taegapah is Complainant and one Baunasurra 
NeHagunda Chitty and Pandarum his Son is 
[sic] Defendants. 



Pleadings in the Mayor's Court, 1745 145 



Impeimis Do you know the parties Complainant and Defendant in this Cause or 
either and which of them Declare. 

2 d . To Veeraparmall Chitty and Wella Chittt Item Do you know ought 
of the Accounts and Transactions now in Contract Between the Complain*, and De- 
fendant if yea set forth all you know all you have heard and all you do Believe with 
the reasons of such your Knowledge or Belief Declare. 

Henry Deveil 
Attorney for the Complainant. 



Mayors Court at 
Madraspatnam. 

Between Eaga Chitty Teagapah Complainant. 

and 
Baunacurra Nellagunta Chitty and Pandarum his Son are 

Defendants- 

Depositions of Witnesses in this Cause taken by and before the Exam r . in this 
Court as follows. 

Veerapermaul of Madras Merchant aged 40 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant was on the 29 th . day 
of April 1745 Shewn at the Office of M r . W m . Dumbleton AttJ. for the Defendant by 
Connecapa who left a Note of the name Title and place of abode of the said Veera- 
permaul and afterwards on the same day being Sworn and Examined Deposeth, as 
follows . 

ffirst. To the first Interry this Deponent saith, That he knows the Complain- 
ant and Defendant and hath so known them 25 years or thereabouts. 

Second. To the second Interry this Deponent saith that he is acquainted with 
the Acco ts . Between the parties that he knows the Defendants Borrowed several 
Sums of money of the Complainant in all to the Amount of ffour hundred and odd 
Pagodas several payments thereof being made their appeared when Accounts were 
ballanced the sum of 124 Pagodas and odd ffanams remaining due to the Complain- 
ant which sum he demanded of the Defendant Pandarum several times who as often 
promised payment but ffailed he ffurther saith after the Complainant commenced his 
Suit in the Honourable the Mayors Court the Defendant Pandarum came and offered 
to pay him 50 Pagodas in part of the Ballance and to give him a Bond for the Re- 
mainder which the Complainant refused, Pandarum then desired this Deponent to 
use his Endeavours to make the mre up Between them and that he would pay the 
Court Charges which the Compl*. approved off But Pandarum ffaultered in his Agree- 
ment and more saith not to this or the last Interrogatory. 

Joseph Githin Exam r . 

Veerapermaul. 

Vella Chitty of Madras Merchant aged 27 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards be- 
ing Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith That he hath known the Com- 
plainant and Defendants twelve years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith That he is Acquaintea 
with the present Dispute Between the Complainant and Defendants, That the Defend- 
ants Pandarum came to this Deponent and sayd thp Complainant had put him in 
Court for an 124 Pagodas and odd ffanams which he owed him and Desired this 
1745— IP 



J.46 Records of Fort St. George 



Deponent to Entreat the Complainant to withdraw his Bill and he would pay the 
Court Charges That the Complainant withdrew his Bill at this Dep te . request but Pan- 
darum neglecting to pay the Court Charges according to his promise the Complainant 
ffyled a ffresh Bill and more saith not to this or the last Interrogatory. 

Joseph Githin Exam r . 

Vellah Chitty. 

Interrogatories to be Administred to such 
Witnesses as shall be produced Sworn and Exa- 
mined on the part and Behalf of the Defendant 
in a certain Cause wherein one Pandarum Chitty 
is Defendant and one Eaga Chitty Teagapah is 
Complainant. 

To all witnesses Imprimis Do you know the partys Complainant and Defend- 
ant in this Cause or either of them if yea how Long have you so known them or 
either of them and which of them Declare. 

To Aundapa Chitty and Maury Chitty Item Do you know that the Defendant 
made a Voyage to Ceylon if yea what time did he set out on that voyage and when 
did he return from it Declare. 

To all the Witnesses Item Do you know or can you say anything Material 
for the Defendant if yea set forth the same as you know have heard or do Believe 
with the reasons of such your knowledge or Belief Declare. 

W M . DUMBLETON 

Attorney for the Dej*. 



Mayors Court at 
Madraspatnam. 

Between Raga Chitty Teagapah Complainant 

and 
Pandarum Chitty Defendant 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Aundapa Chitty of Madras Merchant aged 49 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant was on the 17 th . 
day of April 1745 Shewn at the Office of M r . Henry Deveil Attorney for the Com- 
plainant by Connecapa who left a Note of the Name Title and place of abode of the 
said Aundapa Chitty and afterwards being Sworn and Examined Deposeth as follows, 
ffirst. To the first Interrogatory this Deponent saith that he hath Known the 
Complainant thirty years and the Defendant sixteen years or thereabouts. 

Second. To the second Interrogatory this Deponent saith that he knows the 
Def* made a Voyage to Ceylon and that he set out on the 20 th . or 25 th . of September 
in the year 1735 that he Arrived at Nagoore in his Return from the said Voyage on 
the 10 th . of August 1740 and came to this place 10 months after and more saith not 
to this or the last Interry. 

Joseph Githin Exam r . 

Aundapa Chitty. 

Mauri Chitty of Madras Merchant aged 40 years or thereabouts being produc- 
ed as a Witness in this Cause on the part of the Defendant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith That he hath known the 
Complainant 25 years and the Defendant 22 years or thereabouts. 



Pleadings in the Mayor's Court, 1745 



147 



2 d . To the second Interry this Deponent saith that he knows the Defendant 
made a Voyage to Ceylon That he set out on the 25 th . of Sep r . 1735 and returned to 
this place on the 23 d . of April 1741 but arrived at Nagoore ten months Before, and 
more saith not to this or the last Interry. 
Joseph Githin Exam r . 

Mauri Chitty. 



Mayors Court at 
Madraspatnam. 

Tuesday the 20 th . day of August Anno Domini 1745. 

Between Raga Chitty Taggapah of Madras Merchant Com- 

plt. 

and 

Bannacurra Nellacunda Chitty and Pandarum Chitty of the 

same place also Merchants Defendants. 

This cause coming on this day to be heard and Debated before this Court in 

the presence of the Complt and the Defendant Pandarum Chitty also the Attorneys 

on both sides, On hearing the Complts Bill the answer of Pandarum Chitty, the 
Replycation, the Rejoinder also the proofs taken in this Cause Read And on Exami- 
nation of the matters in this Cause what was alledged on either side and due Con- 
sideration had thereon, This Court doth therefore think fit to order and Decree and 
doth accordingly Order and Decree That the Defendant Pandarum Chitty do pay 
unto the Compl*. the full and just Sum of P. 114. 4. 10 Current of Madras being 
the Ballance appearing to be due from the Defendants to the Complainant together 
with such Interest after the rate of 8 f? Cent ! f? Annum as now is or shall hereafter 
become due thereon until full payment is made and also the Costs of this Suit. 

'$ Cur 
Noah Casamajor 

Regr. 



I s *. May 1744. 

To the Honourable Mayors Court 
at Madraspatnam. 
Humbly Complaining sheweth unto this Honourable Court your Orator Thombo 
Nina Chitty Merchant of Madras having had Sundry dealings with one Pomjee Corah 
Moota Nina Chitty also Merchant of the place aforesaid, he the said Pomjee Corah 
Moota Nina Chitty have, occasion for a Sum of money did apply himself to your 
Orator for the Loan thereof, whereupon your Orator did advance and Lend him the 
said Pomjee Corah Moota Nina Chitty the full and just Sum of 40 Pag s . Current of 

Madras which in Sterling money of Great Britain accounting 8 to each Pagoda 
amounts to £.16 or thereabouts for securing the Repayment of which Sum with In- 
terest accruing thereon after the rate of Eight fJ Cent •$ Annum at or before the 
Expiration of one year from the date of the herein after mentioned Mortgage Bond 
he the said Pomjee Corah Moota Nina Chitty did sign and give unto your Oror one 
Mortgage Bond of a House and Ground Situate Lying and being Between the Houses 
of Nella Aundee and Chintomby in Nina Chitty' s Street in the Peddanaigues Petty 
therein and thereby specifying that he had in consideration of the above-mentioned 
sum of fforty Pagodas assigned and set over unto your Orator and his Heirs for Ever 
The above mentioned House and Ground subject Nevertheless to the usual Proviso 
in such Cases, that is to say If He the said Pomjee Moota Nina Chitty should well and 
truly pay or cause to be paid to your Orator or his Heirs the before mentioned Sum 
with Interest before the Expiration of the Prementioned Term then in such case the 
1745— 19a 



148 Records of Fort St. George 



said Mortgage Bond to become Void and of none Effect otherwise to remain in full 
{force & Virtue which said Mortgage Bond bearing date in Fort S*. George October 
the 15 th . 1742 with the Title Deeds of the Mortgaged premisses is now in your Orators 
Custody and ready to be produced as this Honourable Court shall please to direct 
and your orator shews your Orator hath often and that in the most Amicable manner 
demanded payment of the before recited sum with Interest from him the said Pomjee 
Corah Moota Nina Chitty. 

But now so it is may it please this Honourable Court the said Pomjee Moota 

Nina Chitty wilfully and obstinately refuses to give your Oror any manner of Satis- 
faction your orator therefore prays a General Relief touching the premisses such as 
to this Honourable Court shall appear agreeable to Equity and good Conscience Is 
the End of the Bill. 

William Dumbleton 

Attv. for the Complainant. 

Mayors Court at 
Madraspatnam. 

Tuesday the 27 th . day of August Anno Dmi 1745 Between 
Thombo Nina Chitty of Madras Merchant Complain*, and 
Pomjee Moota Nina Chitty of the same place also Merch*. 
Defend*. 

On reading the Complainants Bill the Defendant being in Court acknowledg'd 
the Execution of the Mortgage Bond on which the Plaintiff sues and the Justness of 
his Demand and on due Consideration had this Court doth therefore think fitt to 
Order and Decree and doth accordingly Order and Decree that the Defendant do pay 
unto the Complainant the full and just Sum of 40 Pagodas Current of Madras Being 
the Principal money of the before said Bond together with such Interest after the 
Rate of 8 ^ Cent ^ Annum as now is or shall hereafter become due thereon until 
full payment is made and also the Costs of this Suit and in Default of Payment at 
or before 21 days from the date hereof that the Mortgaged and Sequestred premisses 
now remaining unsold be sold and the money arising from such sale paid unto the 
Complain*, in and towards the discharge of his said debt and Costs. 

$ Cur 

Noah Casamajor 
Regr. 



6 TA March 1743 

To the Honourable Mayors Court 
at Madraspatnam. 

Humbly Complaining sheweth unto this Honourable Court your Orators Mooda 
Moodalare and Dashapan Merchants of Madras having Sundry dealings with one 
Caudapaucum Woodundeapan of the place aforesaid also Merchant the said Cauda- 
paucum Woodundeapan havs. Occasion for a Sum of money did apply himself to 
your Orators requesting the Loan thereof whereupon your Orator did advance and 
lend the said Caudapaucum Woodundeapan the full and just Sum of One hundred 

s 

accompting each Pagoda 8 amounts to £.60 or thereabouts for Securing the Re- 
payment of which sum with Interest accruing thereon the said Caudapaucum Woo- 
dundeapen did in and by one Mortgage Bond Assign and Set over unto your Orators 
one House situate in Ball Gruah's Street, between the Houses of Irishapah and 
Chintadree To have and to hold the said house unto your Orators and their Heirs 
for ever Subject nevertheless to the usual Proviso in such Cases which said Mortgage 
and 50 Pagodas Current money of Madras which in Sterling money of Great Britain 
Bond, which bears date May the ffifth 1744 tog 1 ", with the Title Deeds of the fore- 
jnent d . Premises are now in your Orators Custody and ready to be produced when this 



Pleadings in the Mayor's Court, 1745 149 

Honourable Court shall please to direct and your Orators shew they have often and 
that in the most amicable manner demanded payment of the forementioned sum with 
Interest from the said Caudapaucum Woodundeapen. But now so it is may it please 
this Honble Court your Orators have hitherto been able to maintain no manner of 
Satisfaction your Orators therefore pray such General relief touching the Premisses 
as to this Honourable Court shall appear agreeable to Equity and good Conscience 
Is the End of the Bill. 

William Dumbleton 
Attorney for the Complainant. 

Interrogatories to be Administred to such 
Witnesses as shall be produced Sworn and Exa- 
mined on the part and Behalf of the Complain- 
ant in a certain Cause wherein one Moodu and 
one Dashapan are Complainants and one Cauda- 
paucum Woodundeapan is Defendant. 

To all the witnesses Imprimis Do you know the parties Complas and Defend- 
ant or either of them if yea how Long have you known them or either of them and 
which of them Declare. 

2 d . To Tonnapah and Veeraguah Item Do you know the Bond now shewn you 
if yea who wrote the same, who signed the same, was there to your Knowledge any 
Sum or Sums of money paid on account of this Bond if yea, how much was paid, who 
paid it, who was it paid to Declare. 

3 d . To all the witnesses Item Do you know any other matter or thing 
material for the Complainant in this Cause If yea set forth the same as you know 
have heard or do Believe with the reasons for such your knowledge or Belief Declare. 

W M . Dumbleton 
Attorney for the Complain**. 

Mayors Court at 
Madraspatnam. 

Between Moodu and Dashapan Complts. 

and 
Caudapaucum Woodundeepen Defendant. 
Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Tonnapah of Saint Thoma Merchant aged 52 years or thereab te . being produced 
as a Witness in this Cause on the part of the Complainants was on the 20 aay of 
March 1744/5 Sworn and Examined Deposeth as follows. 

1 st . To the first Interry saith that he hath known the Complainant Moodu 
10 years and Dashapan 15 years and the Defendant he hath known 30 years. 

2 d . To the second interrogatory this Deponent further saith that he knows 
the Bond now shewn him at this his Examination marked N.C. Beg r . that it was and 
signed by the Defendant and that the sum of One Hundred and ffifty Pagoda? was 
paid on Account of the same by the Complainant Moodu to the Defendant and more 
saith not to this or the last Interrogatory. 

Tonnapah. 
Joseph Githin Exam r . 

Veeragua of Madras Coniooply to M r . Lematue aged 37 years or thereabouts 
being produced as a Witness in this Cause on the part of the Compl*. and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainants and Defendant 5 years or thereabouts. 



150 Records of Fort St. George 



2 d . To the Second Interry this Deponent saith that he knows the Bond now 
produced and shewn him marked N.C. Reg 1 ', and that it was wrote and signed by 
the Defendant he further saith that the Sum of 150 Pagodas was paid on account 
of the said Bond by the Complainant Moodu to the Defendant; and more saith not 
to this Interrogatory. 

To the last Interry this Deponent saith that he was present when the Complainant 
Dashapan gave the above Sum to Moodu as also when Moodu paid it to the Defend- 
ant and that he then asked if the Defendant had Given a Bond the Defendant 
replied he had Given it two or three days before that the Complainant Moodu ack- 
nowledged they had received it and more saith not. 

Veeragua. 
Joseph Githin Exam r . 

Interrogatories to be Administred to such 
Witnesses as shall be produced Sworn and Exa- 
mined on the part and Behalf of Ann Walton 
relating to a pretended Mortgage Asserted by 
Dashapan and Moodu Moodelare on a House 
sold by Warrant Execution sued out of the 
Honourable the Mayors Court by the said Ann 
Walton against the Effects of Woodundee. 
To all the Witnesses Imprimis Do you know the Contending partys in this 
dispute or either and which of them and how long have you known them or either 
and which of them Declare. 

2 d To Subramony, Ersapah, Vizeapah, Irshapah, Trevengalum Vencata 
Kistna Are you any ways acquainted with the matter now depending Between the 
contending parties, Or do you know if either of the parties Concerned herein did 
at any time quit this place, if yea, who were they, where did they go, and on what 
Account, as likewise what became of their Effects, Is there any affinity Between 
either of them who to your knowledge were Deemed the persons Serving and belong- 
ing to them as particular and fully as your Memory will permit you Truly set forth 
whatever has past relating to the present dispute. 

To Vencata Kistna was there at any time ought delivered you by either of 
the parties concerned in this affair, If yea, who was it delivered' the same, what 
was it, where and at what time was you to deliver it and to whom with the particular 
Instructions you received concerning it Declare. 

To Trevengalum was you ever Employed in Carrying Letters or Messages at 
any time to or from either of the contending parties, if yea, who were they that so 
employed you, where did you go to and all that you know passed on the Occasion 
as particular as your Memory will permit you Declare. 

To all the Witnesses Do you know any other matter or thing that can be of 
Service to the said Ann Walton relating to the present dispute if yea set forth the 
same to the best of your knowledge and Belief Declare. 

EOBERT SLOPER 

Attorney for the Original Complainant. 

Mayors Court at 
Madraspatnam. 

Ann Walton in her own Bight 

against 
Dasheapah and Moodu Pretenders to a Mort- 
gage on Woodundees House. 

Depositions of Witnesses taken on the part of Ann Walton by and before the 
Examiner in this Court as follows. 

Subramoney of Madras Conicoply to M r . Lewis Medeira a«ed 45 years or 
thereabouts being produced as a Witness in this Cause on the part°of Ann Walton 



Pleadings in the Mayor's Court, 1745 151 

was on the 26 th . day of April 1745 shewn at the Office of M 1 '. W m . Dumbleton 
Attorney for Dasheapa and Moodu by Connecapa who left a Note of the Name 
Title and place of abode of the said Subramoney and afterwards on the same 
day being Sworn and Examined Deposeth as follows. 

1 st . To tht first Interry this Deponent Saith that he hath known Ann Walton 
20 years or Thereabouts and Dasheapah and Moodu from their Infancy and Wood- 
undee 30 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he is acquainted 
with the matter now depending Between the Contending parties and that he knows 
Woodundee left this place and went to Saint Thoma on M rs . Waltons prosecuting a 
Suit against him in the Honourable the Mayors Court for money lent him on Bond 
That Dasheapah took what Effects was left who is Nephew to Woodundee and always 
acted under him as a Servant. This Deponent further saith That meeting with 
Moodu some time past this Deponent asked him how he and Dasheapah could pretend 
to have a Mortgage on Woodundees house knowing that neither of them ever had 
any money Moodu acknowledged his Incapacity But saith he saw Dasheapah paj 

the money down to Woodundee and more saith not to this or the last Interry. 

Subramoney. 

Joseph Githin Exam T . 

Ersapah Inhabitant of Madras Aged 40 years or thereabouts Being Prduced 
as a Witness in this Cause on the part and Behalf of Ann Walton and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath no knowl. of the 
Ann Walton or Moodu That he hath known Dasheapah 3 years and Woodundee 8 
years or thereabouts. 

2 d . To the second Interry this Deponent saith not to any Particular Questions 
therein enquired off. To the last Interrogatory this Deponent saith that Woodundees 
Wife and Children some time past brought ffour or ffive Elephants Teeth and left 
them at this Deponents house. The next day Dasheapah and Woodundee's Wife 
came and took them away and more saith not. 

Ersapen . 
Joseph Githin ExamX. 

Vizeapah of Madras Dubash aged 32 years or thereabouts Being produced as 
a Witness on the part of Ann Walton and afterwards being Sworn and Examined 
Deposeth as follows. 

1 st . To the first Interry this Deponent Saith that he hath known Ann Walton 
12 years but hath no knowledge of Moodu That He knows Dasheapah and Wood- 
undee and hath so known them 6 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he knows Wood- 
undee did Quit this place and go to S*. Thoma on M rs . Waltons suing out of the 
Honourable the Mayors Court a Warrant of Execution against his House and Effects 
which were sold by virtue of the said Warrant. He further saith that Dasheapah 
is Woodundees Nephew and acted under him as a Servant and more saith not to this 
or the last Interrogatory. 

Vizeapah. 
Joseph Githin Exam r . 

Irsapah of Madras Conicoply aged 45 years or thereabouts being produced as 
a Witness on the part of Ann Walton and afterwards being Sworn and Examined 
Deposeth as follows. 

1 st . To the ffirst Interrogatory this Deponent saith that he hath known Ann 
Walton and Woodundee 20 years or thereabouts and Dasheapah and Moodu froir 
their Infancy. 



152 Records of Fort St. George 



2 d . To the second Interrogatory this Deponent saith that he knows Wood- 
undee did quit this place and go to S*. Thoma on M rs . Waltons suing out of the 
Honourable the Mayors Court a Warrant of Execution against his House and Effects 
which were sold by Virtue of the said Warrant. He further saith that Dasheapah 
h Woodundees Nephew and acted under him as a Servant and more saith not to 
this or the last Interrogatory. 

Irsapah. 

Joseph Githin Exam r . 

Trevengalum of Madras Conicoply aged 44 years or thereabouts being pro- 
duced as a Witness on the part of Ann Walton and afterwards Being Sworn and 
Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he has no certain knowledge 
of Ann Walton that he hath known Dasheapa and Moodu 6 years and Woodundee 
15 years or thereabouts. 

2 d . To the second Interry this Deponent saith the he knows Woodundee 
quitted this place and went to S*. Thoma on account of his Debt to M rs . Walton but 
cannot say what Became of his Effects That Dasheapah is Woodundees Nephew and 
acted under him as a Servant. To the ffourth Interrogatory this Deponent Saith 
That Dasheapah Employed him to carry a Letter to Woodundee at S fc . Thoma and 
ordered him to tell Woodundee his House was to be sold the next day and to send 
Ten Pagodas for Expences That Woodundee declared he had no money which this 
Deponent repeated to Daccapah who went himself that Night to Woodundee and 
brought the money with him 15 days after Daccapah sent this Deponent with another 
Letter to Woodundee for 13 Pagodas which Woodundee sent by this Deponent and 
more saith not to these or the last Interry. 
Joseph Githin Eocam r . Trevengalum. 

Vencata Kistnah of Madras a Servant in the Mint aged 35 years or thereabouts 
being produced as a Witness on the part of Ann Walton and afterwards Being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath no knowledge of 
Ann Walton or Moodu that he knows Daccapa and Woodundee and hath so known 
them 8 years or thereabouts. 

2 d . To the second Interry this Deponent saith That Woodundee quitted this 
place and went to Saint Thoma on Account of some difference with his Brothers and 
more saith not to any particular questions Inquired off in this Interry. 

To the third Interrogatory this Deponent saith That Woodundee at the time 
of his leaving this place gave him a little Escrutore and ordered him to deliver it to 
Chidde Saib at his House at Nine aClock at night and afterwards acquaint Wood- 
undee thereof and more saith not to this or the last Interry. 

The Mark of Vencata Kistnah. 
Joseph Githin Exam r . 



Mayors Court at 
Madraspatnam. 

Tuesday the 3 d day of September Anno Domini 1745 
Between Moodu Moodelare and Dashapan of Madras Mer- 
chants Complainants and Caudapaucum Woodundee of the 
same place Merchants Defendants and Ann Walton of Madras 
Widow Complainant and Woodundee and Armagum of the 
place aforesaid Defendants. 
This cause coming on this day to be heard and Debated before this Court in 
the presence of the Attorneys on both sides on hearing the Bill of Moodu Moodelare 
and Dashapan a Decree of this Court bearing date the 25 Sep 1 . 1744 Between Ann 



Pleadings in the Mayor's Court, 1745 153- 



Walton and Woodundee and Armagum, Two minutes of this Court in the before 
mentioned Causes bearing date the 20 th . day of Nov 1- . 1744 an order of this Court 
bearing date the 27 th . day of Nov 1 '. 1744 made in the afs d . Causes, also the Proofs 
taken on the part of Moodu Moodelare and Dashapan and Ann Walton read and on 
Examina. of the matters in this Cause what was alledged on either side and due Con- 
sideration had thereon This Court cloth therefore think fit to order and Decree and doth 
accordingly Order and Decree That the money returned into this Court by the Sherriff 
thereof on the 20 th . Nov r . 1744 being 227.' — . 72 ffor the Net Produce of the 
House and Effects of the Def*. Woodundee at the suit of the aforesaid Ann Walton 
and ordered to remain in the Cash of this Court until the Deciding of this Cause be 
paid unto the said Ann Walton in and towards the discharge of her debt and Costs 
and that the Bill of Moodu Moodelare and Dashapan do stand dismissed out of this 
Court with Costs. 

f Cur 

Noah Casamajob 

Reg*. 



3 d . Sep*. 1745. 

To the Honourable the Mayors Court 

AT MADRASPATNAM. 

Humbly Complaining sheweth unto this Honble Court your Oror Atteepetty 
Comrapah Merchant of Madras That Permaul Moodelare and Earn Chendrue Mer- 
chants of this place being in want of money made Applycation to your Oror for the 
Loan thereof and at whose request your Order \_sic^\ did advance and Lend to them 
the said Permaul Moodelare and Earn Chendru the full and Just sum of Pag s . 228 at 
the Eeceipt of which they the said Permaul Moodelare and Earn Chendru did sign 
and Give to your Oror one Mortgage Bond under their Hands as Security for the 
repayment of the said Pagodas 228 with Interest thereon at the rate of 8 if? Cent 
ffl Ann. and did also therewith deliver and make over the Bills of Sale of Three 
Houses, Two situate in the Peddanaigues Petty the other in the Black Town The 
particulars of which will more fully appear by the said Mortgage Bond dated in ffort 
S*. George the 19 th . day of ffebruary 1734/5 and now in the possession of your 
Orator ready to be produced as this Honourable Court shall please to direct and your 
Orator shews that he has received Nov 1- . 16 th . 1741 of the Honble Company as Com- 
pensation for one of the said Houses pulled down Pag s . 58. — 32. — 0. so that there 
remains due on the principal P 3 . 169. — 4. — which Tog 1 ', with the Interest that 
Became due thereon your orator has often in the most ffriendly manner requested 
of the said Permaul and Earn Chendru to pay. But now so it is May it please this 
Honourable Court your orator can obtain no manner of satisfaction in the premisses. 
To the End therefore that the said Permaul and Earn Chendru may upon their Cor- 
poral Oaths True and perfect Answer make to all and singular the Matters and things 
aforesaid as fully and truly to all Intents and purposses as if the same were here 
again repeated and Interrogated and be Decreed to make full payment of Principal 
and Interest that rem s . due on their said Obligation should the Security already de- 
posited prove Insufficient and that your orator may have such further and other 
Belief in the promes as shall be agreeable to Equity and Good Conscience. 

EoB r : Sloper. 
Attorney for the Complainant. 
Mayors Court at 
Madraspatnam. 

Tuesday the 10 th . day of September Anno 
Domini 1745 Between Attaputta Comrapa of 
Madras Merchant Complainant and Permaul 
Moodelare and Earn Chendru of the same place 
also Merchants Defendants. 

1745—20 



,154 Records of Fort St. George 



On heaeing the Complainants Bill read, The Defendants appeared by their 
Attorney in Court and acknowledged the Execution of the Mortgage Bond on which 
the Plaintiff sues and the Justness of his demand on due Consideration had This 
Court doth therefore think fit to order and Decree and doth accordingly Order and 
Decree That the Def ts . do pay unto the Complainant the full and just Sum of 

Ps. Fs. 

169. 4. being the Eesidue of the principal money of the before mentioned Bond to- 
gether with such Interest after the Rate of 8 ^ Cent $ Annum as now is or shall 
hereafter become due on the said Bond until full payment is made and also the Costs 
of this Suit and in default of payment at or before 21 days from the date hereof that 
the Mortgaged premisses be sold and the money arising from such Sale paid unto 
the Compl*. in and towards the discharge of his said debt and Costs. 

$ Cue 
Noah Casamajor 

Retf. 



20 th . Aug 1 1745. 

to the honble the mayors couet 
at madeaspatnam. 
Humbly Complaining sheweth unto this Honourable Court your orator 
Comache Moota Chitty of Madras Merchant That your Orator having had Sundry 
dealings with one Vancapuram Vancata Chitty also Merchant of this place on Ballance 
of Account Between your Orator and the said Vancaparam Vancata Chitty there 
appears due to your Orator from the said Vancaparum Vancatum Chitty the full and 
just sum of 112. 8. 20 the particulars whereof will more fully appear by Account Cur- 
rent hereunto annext for the Inspection of this Honble Court and which your Orator 
prays may be admitted as part of this your Orators Bill of Complaint and your 
Orator shews he has often in the most ffriendly manner applied to the said Comachee 
Moota Chitty to pay the before mentioned Sum being the Ballance due from the said 
Vancaparum Vancatum Chitty to your Orator But now so it is May it please this 
Honourable Court your Orator is unable to procure any manner of Satisfaction in 
the premisses. To the End therefore that the said Vancaparum Vancata Chitty may 
upon his Corporal Oath true and perfect Answer make to all and singular the matters 
and things aforesaid as fully truely and to all Intents and purposses as if the same were 
here again repeated and Interrogated and be Decreed to pay your Orator the sum of 
Pag 8 . 112. 8. 20. together with such Interest as may appear due on the same 
from the date of said Account Current and that your Orator may have such further 
and other relief in the premisses as shall be agreeable to Equity and Good Consci- 
ence. 

Robert Sloper 
Attorney for the Complainant. 



Pleadings in the Mayor's Court. 1745 



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156 Records of Fort St. George 



Mayors Court at 
Madraspatnam. 

Tuesday the 10 th . day of September Anno Dmi 1745 Be- 
tween Oomachee Moota Chitty of Madras Merchant Com- 
plainant and Vancaparum Vencata Chitty of the same place 
Merchant Defendant. 

On hearing the Complainants Bill with an Account Current thereto annext 
read, The Defendant appeared in Court and acknowledged the Justness of the 

Complainants demand and on due Considera. had This Court doth therefore think 
fit to order and Decree and doth accordingly order and Decree that the Defendant 
do pay unto the Complainant the full and Just Sum of 112. 8. 20 being the Bal- 
lance of the before mentioned Account together with such Interest after the rate 
of 8 ^ Cent fJ Annum as now is or shall hereafter become due thereon until full 
payment is made and also the Costs of this Suit and that the said sum be paid in 
proportion with the other demands on the Estate of the Defendant against which 
a Warrant of Execution hath lately Issued out of this Court at this Suit of Coja 
Muckertoom. 

$ Cur 

Noah Casamajor. 

Reg?. 



20™. Nov*. 1744. 

to the honble the mayors court 
at Madraspatnam. 

Humbly Complaining sheweth unto this Honourable Court your Orator Tanna- 
pah Nina Chitty Merchant of Madras having had Sundry dealings with two Merchants 
of the same place Inhabitants named Tilla Chitty and Shadiah Chitty they having 
Occasion for a Sum of money did request the Loan thereof from your Orator who 
did advance and lend them Pagodas 219 for which they gave a Bond to your Orator 
dated the 10 th . day of August in the year 1735 thereby binding themselves Jointly 
and Separately to repay your Orator the above Sum, And your Orator shews, your 
Orator hath received in part at Sundry times P s . 190, so that there remains only 
29 Pagodas Principal due to your Orator, which sum your Orator hath often in an 
Amicable manner demanded from the said two Merchants. 

But now so it is the said Tilla Chitty and Shadiah Chitty both refuses to Give 
your Orator any manner of Satisfaction. Your Orator therefore prays such General 
Relief touching the premisses As to this Honourable Court shall appear agreeable 
to Equity and good Conscience Is the End of the Bill. 

William Dumbleton 
Attorney for the Complainant. 

8 th . January 1744. 

The Separate Answer of Tilla Chitty of Madras Merchant 

Defendant to the Bill of Complaint of Tannapah Nina Chitty 

of the same place Merchant Complainant. 

The said Defendant now and at all times hereafter saving and reserving to 

himself all and all manner of Benefit and advantage of Exception to the Manifold 

Errors Imperfections Incertainties and untruths in the said Bill Contained for 

Answer thereunto or unto so much thereof as he this Defendant is advised doth 

materially concern this Defendant to make answer unto He this Defendant answereth 

and saith. 

That this Defendant or Shadiah Chitty this Defendants Bror who is now absent 
from the place never borrowed of the Complainant any ready money as is set forth 
in the Complainants Bill. The manner of the said Bonds being given was as follows., 



Pleadings in the Mayor's Court., 1745 157 



This Defendant, One Coruaty Kistna and the Complainant carried on a Joint Trade 
in Grain for some time. This Defendants part was to go abroad and purchase and 
then send it to his Partners who sold it here but the Complainants Transactions be- 
ing far from satisfactory and to the prejudice of the Partnership, as also not sending 
what money he ought to this Defendant in the Country a dispute arose, which was 
Left to the Decision of other persons before whom it lay for 3 years and as this De- 
fendant is Credibly Informed the said Persons was indebted unto the Complainant 
who in partiality to him and to the prejudice of this Defendant ordered that the In- 
terest Bond now under Suit should be drawn in this Defendants ffathers name and 
obliged this Defendant to sign it with out permitting him to see the contents which 
when this Defendant was acquainted with he told the said persons who had under- 
took to Decide the affair that they had done him Injustice and gave them his reasons 
for it ; They then Answered that if this Defendant would pay half the amount of the 
Bond they would deliver it to him which this Defendant did not then then agree to, 
so the matter was dropt and some time after this Def 1 . and the Complainant was 
again concerned together in Trade till at length another dispute arose of the same 
nature with the former, that the Complainant had dealt unfairly in Partnership the 
Case was referred to Arbitrators, one of which was at the deciding the former dis- 
pute the other a new Man. These decided that no Interest should be paid on the 
Bond under Suit and that the Princ 1 . should be paid at Pag s . 10 ^ Month, the 
other part of the dispute relating to Trade in Partnership was decided in favour of 
this Def*. by a Ballance of Pagodas 2. 18. This Defendant declares he has paid 
in part of the said Bond now under Suit the sum of Pag s . 199 altho' the Complainant 
sets forth in his Bill he has received no more than P s . 190. This Defendant offered 
to pay the Complainant the remaining P s . 20 and demanded his Bond which 
the Complainant refused and insisted on Interest notwithstanding it had been 
Ordered and agreed by the Arbitrators to the Contrary and accordingly ffiled his 
Bill against this Defendant. This Defendant therefore prays this Honourable Court 
to take the premisses into Consideration and oblige the Complainant to abide by the 
Decision of the Arbitrators and to deliver the said Bond on payment of the said 
Pagodas 20 which he is and always was ready to pay. 

All which matters and things this Defendant is ready to averr maintain and 
prove as this Honourable Court shall please to award and humbly prays to be hence 
dismissed with his reasonable Costs and Charges in this Behalf most wrongfully sus- 
tained. 

Eob t . Sloper 
Attn, for the Defendant. 

5 th . Maech 1744. 

The Beplyca. of Tonapa Nina Chitty of Madras Eepliant to 
the answer of Tilla Chitty of the same place Defendant. 

The said Eeplyant saving to himself all manner of Benefit of Exception to the 
Incertaintys Insufficiences and Untruths of the Defendants answer for Eeplycation 
thereunto saith that all and singular the matters and things in this Eeplvants Bill con- 
tained are true as they and every of them are therein alledged and expressed and 
that the answer of the Defendant to the said Bill is very untrue Imperfect and Insuffi- 
cient in the Law to be replied unto and this Eeplyant further saith. 

That this Eeplyant acknowledges to have Carried on a Joint Trade in Grain 
with the Defendant and one Commetty Kisnah but absolutely denies ever to have 
acted any thing to the Prejudice of the said Copartnership on the Contrary the whole 
money that Supported the said Trade was advanced by this Eeplyant and he detect- 
ing the other two partners in some ffraudulent practices Prejudicial to this Eepliants 
Interest He thereupon demanded to have the Accounts clear' d not caring to have 
any further concern with them hereupon a dispute Ensued which was left to the 
Decision of certain Arbitrators who awarded that the Defendant should pay this 
Eeplyant Pagodas 219. and the other Partner Pag s . 249 the Defendant not having 
ready money to pay agreeable to the Award did in the most Earnest manner fintresS 



158 Records of Fort St. George 



this Repliant not to Distress him for the said money But to accept his Bond which 
should be discharged as soon as he could raise the money this Replyant prevailed, 
on by his Entreaties and promisses of speedy paym*. accepted his Bond which Bond 
is that Individual one which this Repliant now sues. 

Sometime after this Defendant came to this Replyant and represented to him, 
that he the Def*. had fallen into a way of Trade very advantagious to him but wanted 
a little money to carry it on, and if this Repliant would lend it him He did not doubt 
being able in a short time to repay the same with Interest and also his former Bond 
debt, this Replyant deceived by these fair pretences lent the Defendant money at 
that time But understanding shortly afterw ds . that the Defendant had Imposed on 
this Repliants Credulity and that he bad no such means to get money as he pretended 
this Replyant demanded Immediate Repayment of that last Sum, The Defendant 
shuffled and Endeavoured to avoid Repayment and pretended if this Replyant would 
referr this matter to some Impartial persons He would make it appear to them that 
he had not deceived this Replyant. This Repliant did as the Defendant desired, who 
not being able to support what he said was ordered to repay this Repliant this is the 
substance of that affair which the Defendant artfully calls a Reentry into Copartner- 
ship in Trade. This Replyant doth deny that any dispute arising on the Bond now 
under Suit was referred to Arbitrators or that there was any such award made there- 
on as is set forth in the Answer Viz 1 , that no Interest should be paid thereon, or that 
the Principal should be paid at 10 Pag s . ^ m°. What the Defendant would have 
understood an Award was no more than an Entreaty of the Arbitrators on Behalf 
of the Defendant who having complained to them that this Replyant pressed him 
for payment of the money due on the said Bond and threatned in case of non-pay- 
ment to sue him in this Honourable Court the Arbitrators desired this Repliant not 
to be hard with him but to receive the said money at 10 |J Pag s . ^ m°. but there 
never was any request of an abatement of Interest nor is it reasonable to suppose 
if there had that this Replyant would have Complied therewith after so much ill 
Treatment received from the Defendant as to the monthly payments of Ten Pago- 
das had the Defendant continued them Justly this Honourable Court had never been 
troubled with this Suit but he after paying Pag s . 190 made delay in payment of the 
remainder which Compelled this Replyant to take the Course he has, since the Com- 
mencement of this suit the Defendant came to this Replyant begging him to with- 
draw his Bill and when that was done he should be paid Principal and Interest but 
this Repliant having suffered by withdrawing Bills before and fforced to pay Costs 
and commence affresh Chose to be paid ffirst the Defendant finding he could do 
nothing with this Replyant without, Employed Chinna Moota Chitty to make the 
affair up who offered this Repliant the remaining Principal with 28f Interest and Costs 
but as this Replyants Account of Interest is much more he refused to accept the 
offer as to the Difference of Pag s . 9 let the Def*. produce a Receipt for it or prove 
payment of it. 

All which matters and things this Repliant is ready to Averr maintain and prove 
and humbly prays as in and by his Bill of Complaint he has already prayed. 

William Dumbleton 
Attorney for the Replyant. 

9 th . April 1745. 

The Rejoinder of Tilla Chitty of Madras Merchant Defen- 
dant to the Replycation of Taunapah Nina Chitty of the 
same place Complainant. 

The said Dependant Saving and Reserving to himself all manner of Benefit 
and Advantage of Exception to the Incertainties and Insufficiencies of the said Reply- 
cation Saith. 

The Replyant alledges that all the Money that supported the Joint Trade was 

advanced by him the Replyant, but this is absolutely false. This Defendant and 

Oomate Kistnah were partners together when the Complaint came and desired to 

be admitted into their Partnership, to which they consented and he accordingly 



Pleadings in the Mayor's Court, l'j&b l&y 

-gave in his Quota to the Stock. As for the Bond under Suit this Defendant now 
Asserts as in his Answer that it was drawn without his Knowledge and the signing 
of it was procured as therein set forth together with the offer made him by those 
who procured it at that time, of paying one hah and the Bond should be given up. 

The Eeplyant Saying he afterwards lent this Defendant some money is also 
ffalse for the sum advanced was on Account of Partnership and what this Defendant 
has already set forth in his Answer is true relating to the Arbitrators that by a Vei- 
bal Award It was Ordered and Decreed this Defendant should pay no Interest and 
the Principal only at 10 Pag s . ^ Month. This Defendant utterly denies ever to 
have desired the Complainant to withdraw his Bill promising to pay Principal and 
Interest. But this Def*. acknowledges that on the Uommencement of this Suit this 
Defendant did apply to Chinna Moota Chitty a head of their Cast and acquainted 
him with the Eepliants proceedings whereupon he sent for the Eeplyant and asked 
both partys Whether they would accept of a Proposal from him and make up theii 
Difference, and told the Eeplyant that this Defendant should allow him the sum 
mentioned in the Eeplycation in Consideration of his staying so long for his money. 
But this Proposal was rejected by this Defendant as being too hard upon him The 
Arbitrators having appointed him to pay no more than Principal and also Consider- 
ing the means used to procure the said Bond All which this Defendant can prove 
And further in regard to the Pagodas Nine, this Defendant acknowledges he has 
no Eeceipt to produce, but that his Account will shew that the Eeplyant had from 
him P s . 8 in grain and one Pagoda in Cloth. What remains due on the Principal 
to the Eeplyant this Defendant is now willing nor did he ever refuse paying it So 
that it is plain this Suit owes its rise to the Malice of the Eeplyant, whose Aim there- 
in is to Distress this Defendant and render him uncapable of ffollowing his present 
Business and this Defendant is ready to Aver maintain and prove all and everything 
and things as the same are herein and hereby set forth alledged and Expressed. 

Eob t . Sloper 
Attorney for the Defendant. 

Interrogatories to be Administered to 
such Witnesses as shall be produced Sworn and 
Examined on the part and Behalf of the Com- 
plainant in a certain Cause wherein one Tannapa 
Nina Chitty is Complainant and one Tilla Chitty 
and one Shadiah Chitty are Defendants. 
To all the Witnesses Imprimis Do you know the parties Complainant and 
Defendant ox either of them, if yea, how long have you so known them or either and 
which of tlsam Declare. 

2 d . TO POINDEM1LLA TONDAVA, COORAPATTEE ANANTIAH, VelLOOR KlSNAH 

Item Do you know the Bond now shewn you marked W. D. if yea what monev is 
due thereon, who is it due to, and who is it due from Declare. 

3 d . To all the Witnesses Item Do you know or can you say any other 
matter or thing material for the Complainant in this Cause. If yea set forth the 
same as you know have heard or do believe with the reasons of such your knowledge 
or belief Declare 



Mayors Court at 
Madraspatnam. 



William Dumbleton 
Attorney for the Compl*. 



Between Tannipa Nina Chitty Compl t . 
Tilla Chitty and Shadiah Chitty Defendants. 



Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 



160 Records of Fort St. George 



Poindemilla Tondava of Madias Rice Merchant aged 40 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant was on 
the 11 th . day of May 1745 shewn at the office of M r . Eobert Sloper Attorney for the 
Defendants by Connecapa who left a note of the name Title and place of abode of 
the said Poindemilla Tondava and afterwards on the same day being Sworn and 
Examined Deposeth as ffollows. 

1 st . To the ffirst Interry this Deponent saith that he hath" known the Com- 
plainant 30 years and the Defendants 15 years or thereabouts. 

2 d . To the second Interry this Deponent saith That he knows the Bond now 
produced and shewn him at this his Examination marked W. D. That 219 Pagodas 
is due thereon from the Defendant Tille Chitty to the Complainant and more saith 

not to this or the last Interry. 

Joseph Githin 

Exam 1 '. 

Tondava Chitty. 

Coeapate Anantiah of Madras Merchant aged 80 years or thereabouts being 

produced as a Witness in this Cause on the part of the Complt and afterwards being 
Sworn and Examined Deposeth as ffollows. 

1 st . To the ffirst Interry this Deponent saith That he hath known the 
Complain*. 20 years and the Defendant Tilla Chitty 18 years or thereabouts but hath 
no knowledge of Shadiapa Chitty. 

2 d . To the second Interry this Deponent saith That he knows the Bond now 
shewn him at this his Examination marked W. D. That 219 Pa s . is due thereon 
from the Defendant Tilla Chitty to the Complainant & more saith not to this or the 

last Interry. 

Coeapate Anantiah. 

Joseph Githin 

ExamT. 

Vootalure Kisnah of Madras Merchant aged 48 years or thereabouts being 
produced as a Witness in this Cause on the Part of the Complainant and afterwards 
being Sworn and Examined Deposeth as ffollows. 

l Bt . To the ffirst Interrogatory this Deponent saith That he hath known the 
Complainant 16 years and the Defendants 20 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows the Bond now 
shewn him at this his Examination marked W. D. that 219 Pagodas is due thereon 
to the Complainant from the Defendant Tilla Chitty and more saith not to this or the 
last Interrogatory. 

Joseph Githin 

Exam?. 

Vootalure Kisnah. 

Interrogatories to be Exhibited to such 
Witnesses as shall be produced Sworn and Exa- 
mined on behalf of Tilla Chitty in a certain 
Cause wherein the said Tilla Chitty is Defen- 
dant and one Tonnapah Nina Chitty is Com- 
plainant. 

To All the Witnesses Do you know the parties Complain*, and Defendants 
in this Cause, or either of them, and which of them, and how long have you known 
them ; or either and which of them Declare. 



Pleadinas in the Mayor's Court, 1745 161 



2 d . To Coopalla Moodelare, Nella Chitty ; Yellapah Sidden & Eama- 
niah Do you know any thing relating to the matter now in dispute in this Cause 
If yea whatever passages or part thereof has occurred to your knowledge set forth 
as particular as your Memory will permitt. 

Do you know any thing of a Bond now depending Between the Plaintiff and 
Defendant If yea, by whose Order was the Bond drawn, to whom was it given, 
and how came the same to be given as also in what manner was the same to be paid 
to tne oest of your knowledge Declare. 

3 d . Do you know or can you say any other matter or thing material for the 
Defendant in this Cause, if yea, set forth the same as you know have heard or da 
believe with the reasons of such your Knowledge or Belief Declare. 

Eob t . Sloper 



Attorney for the Defendant. 



Mayors Court ax 
Madraspatnam. 



Between Tonnapa Nina Chitty Complain 1 , 

and Tella Chitty Dependant 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Coopella Moodelare Poodupauck merchant Aged 52 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendant was on the 
13 day of June 1745 shewn at the Office of M r . W m . Dumbleton Attorney for the 
Complainant by Connecapa who left a note of the Name Title and place of abode of 
the said Coopella Moodelare and afterwards on the same day being Sworn and Exa- 
mined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 10 years and the Defendant 25 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he is acquainted with the 
matter now in dispute Between the parties which arose about their Accounts relating 
to the Paddy Trade for the Adjustment of which two Arbitrators were appointed 
Viz*. Poindemilla Tondava and Corapalee Anantiah who ordered a Bond to be drawn 
which the Defendant signed without Inquiring into the Contents but on his hearing 
the Bond read to him afterwards said he thought it not reasonable he should pay In- 
terest for money he had not Eeceived That he had about 400 Pagodas due to him in 
the Country which when he Collected he would pay the Complainant, The Arbitra- 
tors said if he would pay down half the money then, they would Cancel the Bond. 
The Defendant replied he would have nothing to do with the Bond and went away 
Displeased. This Deponent ffurther saith that he heard the above Arbitrators and 
the Complainant sent for the Defendant the same night when the Complainant said 
he would advance the Defendant more money to purchase Paddy and agreed that 
the Defendant should pay the Bond off at 10 Pag 8 $ month and that he would not 
require any Interest thereon which the Defendant consented to he further saith that 
two years after this Agreement he heard that the above Poindemilla Tondava and 
one Naitu Nellam were appointed to adjust the matter between them a second time 
who determined that the Defendant should pay off the Bond at 10 Pagodas $ month 
and that no Interest should be allowed thereon That the Bond now depending 
between the parties is the same above mentioned drawn by the order of Poindemilla 
Tondava and Corapatee Annantiah and given to the Compl*. and more saith not to 
this or the last Interry. 

Joseph Githin 

Exam r . 

The mark of Coopella Moodelare. 
1745—21 



162 Records of Fort St. George 

Nella Chitty of Madras Rice Merchant aged 80 years or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 35 years and the Defendant 10 years or thereabouts. 

Second. To the second Interry this Deponent saith That the partys referred 
a dispute between them about Accounts to Poindamilla Tondava and this Deponent 
which they adjusted and there appeared a Ballance of 3 Pagodas and odd ffanams 
due to the Defendant. He ffurther saith that the Defendant desired they would then 
likewise settle a Bond the Complainant had for 219 Pagodas and that they replied 
they came not for that purpose but at the Defendants entreaty they determined that 
he should pay down 30 Pagodas in part & the rest at 10 Pagodas f Month. The 
Complainant objected that the Interest of his Money was lost. This Deponent and 
said Tondava pleaded that the Defendants Circumstances were low and advised the 
Complainant to accept of his Principal first and doubted not but the Defendant 
would make him some Retaliation afterwards in Consideration of Interest. The 
Complainant disapproving of their Decision of the dispute to Chinna Moota Chitty 
and Cundapa Moodelare who sent for this Deponent and the said Tondava and after 
they had Inquired into the affair determined that the Complainant should be allowed 
27 or 28 Pagodas Int. on the Bond which the Complainant not thinking sufficient 
ffiled a ffresh Bill. That the above Bond is now depending Between the parties but 
knows not by whose order the same was drawn or can further say more than what 
he has above related. 

Nellain. 
Joseph Githin 

Exam r . 

Yellapah Merchant of Madras aged 25 years or thereabouts being produced 
as a Witness in this Cause on the part of the Defendant and afterwards being Sworn 
and Examined Deposeth as Hollows. 

1 st . To the ffirst Interrogatory this Deponent saith that he hath known the 
Complainant Six years and the Defendant 7 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows Pooindemilla 
Tondova and Nella Chitty about 4 years ago Examined the parties accounts for 3 
•or 4 days and on adjustment Sound the Complainant indebted to the Defendant on 
Ballance in the sum of 3. 18. 60 after that the Defendant desired they would then 
likewise settle a Bond in dispute Between him and the Compl*. The above Arbitrators 
replied they came not for that purpose but at the Defendants Entreaty they 
determined that he should pay the Compl*. down 30 Pagodas in part and the rest 
.at 10 Pagodas ^ Month. The Compl*. insisted on Interest but the Arbitrators 
would not allow any he further saith That the above Bond is now depending between 
the parties but knows not by whose Order it was drawn or can ffurther say to this 
or the last Interry. 

Yellapa. 
Joseph Githin 
Exam r 

Siddin of Madras Buzzar Merchant aged 40 years or thereabouts being Pro- 
duced as a Witness in this Cause on the part of the Def*. and afterwards being 
.Sworn and Examined Deposeth as ffollows. 

1 st . To the ffirst Interry this Deponent saith That he hath seen the Complain*, 
but hath no Certain knowledge of him That he knows the Defendant and hath so 
known him 10 years. 

2 d . To the second Interry this Deponent saith That meeting with Nella 
Chitty Poindemilla Tondava and the Defendant some months paat he heard the said 
"Nella Chitty and Pondemilla Tondava advising the Defend*, to pay off the Principal 



Pleadings in the Mayor's Court, 1745 163 

of the Complainants Bond which they had determined to be Paid off at 10 Pagodas 
'$ Month and promised when he had discharged the Bond to give him diet for one 
day and a Clout. This Deponent has no knowledge of the Bond now depending 
Between the parties Neither can he say by whose Order it was drawn or to whom 
it was Given and more saith not to this or the last Interrogatory. 

Joseph Githin 

Exam r . Siddin. 



Eamaniah of Madras Conicoply aged 46 years or thereabouts being produced 
as a Witness in this Cause on the part of the Defendant and afterwards being Sworn 
and Examined Deposeth as ffollows. 

1 st . To the first Interry this Deponent saith That he hath known the Compl*. 
20 years and the Defendant 6 years or thereabouts. 

2 d . To the second Interry this Deponent saith That he is not particularly 
acquainted with the mre in Dispute between the parties but saith when the Com- 
plainant ffirst put this Defendant in Court He the Defendant came with the Defendant 
Poindemilla Tondava and Nella Chitty and complained thereof to this Deponent who 
asked the said Tondava and Nella Chitty the Cause of their difference Poindemilla 
Tondava replied the dispute was about a Bond depending Between them and added 
that if the Defendant had paid half the money down when the Bond was made 
it would have been then Cancelled but as he did not it was Ordered to be paid at 
10 Pag s . f? Month and ffurther this Dep*. knows not or can say to this or the last 
Interrogatory. 

Joseph Githin 

Exam r . Swornum Eamaniah. 



10 Aug*. 1736. 

I Kellava Chitty son of Davellacon Petty Chaddiah Chitty do hereby ack- 
nowledge to have Borrowed and Received of Ninah Chitty son of Tomba Chitty the 
sum of 219 Pagodas which Sum I promise to pay on demand with Interest at Nine 
: f Cent. 

Signed by Tilla Chitty and Chaddien by Kellava Chittys Consent. 

Witnesses 

Coropatee Anantiah. 

Poindemilla Aunda Chitty. 

Tondava Chitty son of Nellamootee Chitty. 

Drawn by Mootee Chitty son of Collity Chitty. 

Translate from a Cadjan said to be the Original. 

Joseph Githin 
Exam r . 



1745— 21a 



164 



Records of Fort St. George 



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166 Records of Fort St. George 



Between Tonnapa Nina Chitty Complainant 

and 
Tilla Chitty and Shadiah Chitty Defendants. 

To THE HONBLE THE MAYORS COURT AT MADRASPATNAM. 

In Pursuance of an Order made in this Cause on the 17 th . Instant I have 
Audited the annext Account Current and do ffind the Ball of the said Account to- 
be 143. 11. 50 due from the Defendants to the Complt as set forth in the said Account 
All which I Humbly Certify to this Honourable Court Witness my Hand in ffort 
S*. George this 24 th . day of Sep 1 '. Anno Domini 1745. 

Noah Casamajor 

Regr 

Mayors Court at 
Madraspatnam. 

Tuesday the 24 day of Sept 1 '. Anno Domini 
1745 Between Tannapah Nina Chitty of Madras 
Merchant Complainant and Tilla Chitty and 
Shadiah Chitty of the same place also Mer- 
chants Def ts . 

This Cause coming on this Day to be heard and debated before This Court in 
the presence of the Complainant and the Defendant Telia Chitty and of the Attorneys 
on both sides, On hearing the Complainants Bill, The Answer of Tilla Chitty The 

Replyca, The Rejoinder, The Proofs taken in this Cause, An Order made in this 
Cause on the 10 th . Instant Translate of the Bond on which The Plaintiff sues with 
an Account Current in pursuance of the before said Order another order made in 
this Cause on the 17 Instant and the Registers Report In pursuance thereof read 
And on Examination of the matters in this Cause what was alledged on either side 
and due Consideration had thereon, This Court doth therefore think fit to Order and 
Decree and doth accordingly Order and Decree that the Defendant Tilla Chitty do 
pay unto the Complainant the ffull and Just Sum of 143. 11. 50 so much appearing 
143 n so to be due from the Defendants to the Complainant according to the before men- 
tioned Report and Account together with such Interest from the 17 day of this 
Instant Sep r . after the Rate of 8 ^ Cent $ Annum as now is or shall hereafter 
become due thereon until ffull payment is made and also the Costs of this Suit 

'f Cur 
Noah Casamajor 

Req r . 



p, 



to the honble the mayors court at 
Madraspatnam. 
20th Novem*. 1744. 

Humble Complaining sheweth unto this Honourable Court your Orator Tombe 
Nina Chitty Merchant of Madras having had Sundry dealings with one Gruapah a 
Syrang also formerly an Inhabitant of the place aforesaid He the said Gruapah having 
Occasion for a sum of money did apply himself to your Orator for the Loan thereof 
thereupon your Orator di(5 advance and lend the said Gruapah the ffull and just 
Sum of Pagodas 37 Current Money of Madras which in Sterling money of Great 
Britain accounting each Pagoda 8 s ._ amounts to £. 14. 16 or thereabouts and for 
Securing the Repayment thereof with Interest accruing thereon on Demand He 
the said Gruapah did in and by one Mortgage Bond Assign and set over unto your 
Orator One House situate lying and being in Lascar street in the Peddanaigues 
Petty and it was in and by the said Mortgage Bond stipulated that the said Premfsses 
therein mentioned should become the Property of your Orator and his Heirs for 



Pleadings in the Mayor's Court, 1?J:5 167 

ever Subject Nevertheless to the usual Proviso in such Cases and your Orator shews 
that the said Mortgage Bond bears date in Fort S*. George the 3 d . day of June which 
was in the year of our Lord 1728 and is now in your Orators Custody ready to be 
produced as this Honourable Court shall direct which said Bond is drawn Obligatory 
to one Collapan Charree Tremaliapah Moodely but your Orator is the true proprietor 
thereof and lent the money due thereon And your Orator flurther shews unto tins 
Honourable Court that since the before recited Transactions happned the said 
Gruapah herein before mentioned has withdrawn himself out of the Districts of this 
Honourable Court and tho' your Orator hath made use of all amicable Measures to 
procure payment your Orator hath hitherto obtained no manner of Satisfaction. 

Therefore your Orator prays a General Eelief in the premisses, Such as to this 
Honourable Court shall seem agreeable to Equity and Good Conscience Is the end of 
the Bill. 

William Dumbleton 

Attorney for the Complainant. 

Mayors Court at 

Madraspatnam. 

Tuesday the 24 tlh . day of Septem r . Anno Domini 
1745 Between Tombo Nina Chitty of Madras 
Merchant Complainant and Gruapah Syrang o£ 
the same place Defendant. 

Whereas on or about the ffourth day of Nov 1 '. 1744 the said Tombo Nina Chitty 
preferred his Bill in this Court against the s d . Defendant Gruapa Syrang for the 
Recovery of the principal sum of P s . 37 due on a Mortgage Bond with Interest 
thereon Whereupon a Summons Issued under the Seal of this Court commanding 
the said Defendant to appear on the 27 th . day of the aforesaid Month at which time 
the Sherriff returned the said Summons that the Defendant was not to be found 
Whereupon a warrant of Arrest Issued against the said Defendant which was also 
at the day of the Return thereof returned by the said Sheriff, that he was not to be 
found and on the 5 th . day of March 1744/5 at the request of the said Tombo Nina 
Chitty (he having made oath to the Truth of his debt to the satisfaction of this 
Court) a warrant under the seal of the Court Issued out directed to the Sheriff of 
Fort S*. George Madraspatnam and districts thereof returnable the 2 d . day of 
April then next Ensuing Commanding him to Sequester the goods Chattells and Effects 
of the said Gruapah Syrang within his District, and Whereas on the 27 th . day of 
March the Sherriff did make return of the said Warrant and did thereby Certify 
that he had by Virtue thereof sequestred a Mudhouse situate in Tenjalabas Street 
in the Muttal Petta between the houses of Tindall Alley and Lingama in length 46 
ffeet and an half of a ffoot and in Breadth 13 ffoot with a piece of Ground adjoining 
thereto in length 24 ffeet and in Breadth 19 ffeet the property of the Defendant. 
And Whereas the usual Notice was given ffor the said Gruapah Syrang to appear 
and Answer the said Bill of Complaint Pursuant to the directions of his late Majesties 
Charter which Notwithstanding he neglected to do this Court taking the premisses 
into Consideration therefore think fit to Order and Decree and doth accordingly 
order and Decree that the Defendant do pay unto the Complainant the ffull and Just 
sum of Thirty seven Pagodas Current of Madras being the Principal Monev of 
the Mortgage Bond on which the Plaintiff sues together with such Interest after 
the rate of 8 'f? Cent $ Annum as now is or shall hereafter become due thereon, 
until full payment is made and also the Costs of this Suit and that the Mortgaged 
and Sequestred premisses now remaining unsold, be sold, and the money arising 
from such sale paid unto the Complainant in and towards the Discharge of his said 
Debt and Costs. 

j f CUR 

Noah Casamajor 



168 Records of Fort St. George 



28 IH . February 1743. 

TO THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

Humbly Complaining sheweth unto this Honourable Court Your Orator Treven- 
belum Pandarum of Madras Inhabitant has had Sundry dealings with one Govinda 
Clntty of the same place Inhabitant and merchant he the said Govinda Chitty having 
Occasion for a Sum of money did apply himself to your Orator requesting the Loan 
thereof whereupon your Orator did advance and lend unto the said Govmda Chitty 
the full and Just Sum of Pagodas 57 Current of Madras ffor securing the Repay- 
ment of which Sum the said Govinda Chitty did in and by one Mortgage Bond Assign 
and set over unto your Orator one Bond given by one Sattanee Tripoly and payable 
with Interest to the said Govinda Chitty the Principal sum being P 8 . 200 these 
Mortgaged premisses your Orator had possion of some time and then desired 
Govinda Chitty to redeem them. Govinda Chitty ordered your Orator to send 
them to his the said Govinda Chittys house and he would return the Principal and 
Interest due thereon by the Bearer your Orator hereupon sent the said Bond by 
a person your orator could Confide in who after having kept the said Bond some 
time returned it to your Orator Saying he could not get the money from Govinda 
Chitty your Orator took the Bond and on perusing it found an Endorsement on it 
of P s . 150 your Oror Immediately made Enquiry how it came Indorsed but could 
get no satisfactory account of it hereupon your Orator forthwith acquainted Govinda 
Chitty of the Affair who in a Passion called this your Oror many Opprobious Names 
and threatned to Complain to the Cast of your Orator unless your Orator would give 
him the said Govinda Chitty a ffresh Bond payable your Orator for the Sum for 
which the Endorsed Bond was Originally given by Sattane Tripoly, your Orator was 
obliged to Comply with those hard Conditions as Tripoly was then out of Town your 
Orator then first deducting what he had lent on the Mortgage gave the said Govinda 
Chitty a ffresh Bond for the remaining Principal being 143 Pag s . some time after 
the above Trans 8 . Tripoly came into the place and your Orator applied to him to 
know if he had paid any part of the said Bond which he had Given to Govinda 
Chitty for 200 Pagodas he answered No then your orator Informed him of the En- 
dorsement and desired he would Give a ffresh Bond of the same Tenor and date. 
Tripoly Hesitated there-at for some time but at last gave such a ffresh Bond as your 
Orator required, your Orator straightway carried it to the said Govinda Chitty before 
mentioned and demanded to have his your Orators Bond for 143 Pagodas Delivered 
up to be Cancelled but the said Govinda Chitty hereupon replies no I have no Con- 
cern with Sattanee Tripoly You are my Debtor and I Expect you would pay me 
soon the Contents of your Bond or I shall Enter an Action against you in the Mayors 
Court you Look to Tripoly and get your money how you can. Thus May it please 
this Honourable Court stands the Case between your Orator and Govinda Chitty, 
your Orator therefore prays this Honourable Court will be pleased if it shall appear 
to them agreeable to Equity to Order the said Govinda Chitty to pay to your Orator 
his Principal sum of Pagodas 57 lent on the Mortgage also Interest thereon from 
the day 'twas lent to the day of payment also to deliver up your Orators Bond and 
to take from your Orator the Bond given by Sattane Tripoly and your Orator prays 
such ffurther and other General Eelief in the premisses as to this Honourable Court 
shall appear agreeable to Equity and good Conscience. 

William Dumbleton 
Attorney for the Complainant. 

The Answer of Govinda Chitty Merch*. of 
Madras to the Bill of Complaint of Trevenbe- 
lum Pandarum of the said place a Noted 
Braminy. 

The Said Defendant saving to himself all Benefit of Exception to the Errors 
and Imperfections in the said Bill Contained for answer thereto or unto so much 
thereof as this Defendant is advised materially concerneth him this Defendant to 
Answer urto, he this Defendant answereth and saith. 



Pleadings in the Mayor's Court, 1745 169' 



That he admits he did Borrow of the Complainant the Sum set forth in his Bill 
and also that this Defendant did Deposit with the Complainant a Bond Given by- 
Sattanee Tripoly for Pag s . 2U0 the said being wrote by one Neilena a Comcopiy to 
the Scavenger and Witnessed by Trevenbelum Pandarum the Complainant and. 
Coja Mahamud. 

This Defendant humbly Begs Leave to set forth and Explain to this Honble 
Court how this affair has been Transacted by the Compl 1 . and what means has been 
made use of by him to Accomplish his ffraudulent designs. In the ffirst place when 
this Defendant had put the Complainant in possession of the Bond on Sattanee Trippoly 
for P 3 . 200 the Complt in a Base and Wicked manner went to the said Sattanee 
Tripoly and told him as you are Indebted to Govinda Chitty by Bond the sum of 
Pagodas 200 which Bond I have in my Possession, and if you will pay to me part 
thereof, there shall then be Indorsed from off it Pagodas 150. This Sattanee Tripoly 
consented to having without doubt what he thought a sufficient Consideration for it 
accordingly Pag s . 150 was Endorsed off from the said Bond without the knowledge 
or privity of this Defendant whose Property the said Bond was and with an Intent 
to Cheat and defraud this Defendant of what was due to him on it. But as it 
frequently happens when ill minded people Disagree, their is Disoverys \_sic^\ made of" 
their Actions. So it happned Between the Complainant and the said Sattane Tripoly 
for on their ff ailing out, Sattanee Tripoly was for Confirming it that he had paid the 
Complainant the ffull Sum Endorsed off the Bond and the Complainant denied the 
same on which they had a Hearing before Thomas Eyre Esq 1 ', who obliged them to 
be answerable by security for each to the other and declared his Opinion that neither 
of them was so Honest as they ought to be. By this means came to light the un- 
warrantable Actions that had passed between the Complainant and the said Sattannee 
Tripoly. This is the Real Fact and not as the Compl*. Endeavours artfully to 
Insinuate that this Defendant sent to the Complainant for the said Bond promising 
to return the Principal and Interest due to the Complainant by the Bearer and then 
has Recourse to a Weak pretence for Sheltring his base designs namely that he 
sent the said Bond by a Person who he thought he could well have Trusted, but 
after keeping it sometime on the return of it, the Complainant pretends a Surprize 
on finding Pagodas 150 Indorsed off the said Bond, tho' at the same time he had 
been the sole Manager of it and had Cancelled and Cut of the head of the said Cad- 
jan. When it came to the knowledge of the Defendant he was greatly astonished 
thereat, and Immediately declared he would Complain to the Governour of the 
abuses done him by the Complainant. But Vencata Swamy hearing of it desired 
it might be left to him to Mitigate the Matter and when he had Inspected into it, 
told the Complainant he had been Guilty of unwarrantable Actions and must there- 
fore make this Defendant Satisfaction. The Complainant did then publickly declare 
that as the Bond on Settane Tripoly was for Pagodas 200 and that this Defendant 
had received from him the Complainant the Sum of Pagodas 57 That he the Com- 
plainant would give to this Defendant his Bond for the remainder being Pagodas 
143 which he accordingly did to pacifye the Just resentment of this Defendant and 
also that this Defendant was to have nothing ffurther to say to Sattanee Tripoly. 
The said Bond for Pagodas 57 Given by this Defendant to the Complainant and is 
the Sum sued for, was likewise Cancelled notwithstanding the Evil Actions of the 
Complainants had been thus detected. Still they did not end here, for as he was 
equally in principals to the Carrying on so Wicked a design, he then proceeded 
further, and went to the said Nellana who wrote the said original Bond given by 
Sattanee Tripoly for Pagodas 200 and got him to draw another, after this was done, 
he thought it necessary to have the same Witnesses to this as was to the Original he 
himself being one, the other Coja Mahamud, who was then prisoner by order of this 
Honourable Court he therefore applied to the said Coia Mahamud to sign as » 
Witness to the fresh drawn Bond, promising at the same time, that if he would 
Consent thereto, that the Complainant would get him Released from his Confine- 
ment, but the said Coja Mahamud refused so to do, and some time after Informed 
this Defendant of what had passed. This Defendant humbly conceives the Com- 
plainants Views in Getting a ffresh Bond drawn and Witnessed by the same persons 
1746—22 



170 Records of Fort St. George 

who was to the Original, was a Management between the Complainant and the said 
Sattanee Tripoly in order to Cover and Disguise their Actions with relation to the 
Indorsing P s . 150 off the Original Bond and also by such means to get from this 
Defendant the Bond the Complainant had given him for P s . 143 when they had so 
done the said Sattanee Tripoly was to be sent away (which is now the Case) and 
this Defendant between them Defrauded of his Just Debt. 

This Being the true state of the Case Between the Complainant and this Defen- 
dant This Defendant humbly hopes this Honourable Court will take it into their 
serious Consideration, that thereby the designs of such Evil disposed persons may 
be prevented, and their Actions Justly noticed by this Honourable Court. 

All which Matters and things this Defendant is ready to aver maintain and 
prove and Humbly prays to be hence Dismissed with reasonable Costs in this 
Behalf most wrongfully Sustained. 

Rob t . Slopee. 

22 D . May 1744. 

The Replication of Trevenbelum Pandarum 
Beplyant to the Answer of Govinda Chittv 
Def*. 

The said Repliant saving to himself all advantages of Exception to the 
Incertainties Untruths and Insufficiences of the Defendants said Answer for Reply- 
cation thereunto saith that all and Singular the matters and things in this Repliants 
Bill contained are certain true and sufficient in the Law to Demand an Answer and 
that the Defendants said Answer is very Imperfect & Insufficient in the Law to be 
Replied unto and this Repliant ffurther saith. 

That one Sattanee Tripoly stood Indebted to the Def\ in the Sum of P s . 200 
on a Bond and the Defendant did Mortgage the said Bond and likewise the Bill of 
Sale of a House, both to this Replyant for the sum of 57 Pa s . which sum he the 
Defendants promised to repay and take up his Mortgage in Two Months time which 
as yet he has not performed and this Replyant Saith that upon asking the Defendant 
for the money the Defendant said let me have the Bill of Sale and I will Mortgage it 
elsewhere and pay you but this Replyant being Dubious of Govinda Chitty said 
bring a person to be bound for you and I will let you have the Bill of Sale. He 
accordingly brought a sufficient Security and had his Bill of Sale and when the 
Defendant had got the Bill of Sale in his Possion he never thought of paying this 
Replyant but came to this Replyant again and wanted the Bond for Pag s . 200 and 
said that he would Mortgage that and pay this Replyant his debt and this Replyant 
saith that he was so Easy as to let the Defendant have the Bond on giving security 
for it; and this Replyant saith that after the Defendant had Endeavoured to mort- 
gage the said Bond at several places, but could not, the Def*. brought again the 
Bond to this Replyant who said to the Def fc . Sattanee Tripoly is Indebted to you 
Pagodas 200 on this Bond, if you are willing I will send it to him and let him pay 
the Bearer what you owe me, and let him Endorse of the same on the Back and 
return it, accordingly a person carried the Bond to Sattanee Tripoly and demanded 
the Sum due from the Defendant to the Replyant desireing he would pay the same 
and endorse it on the Back. Sattanee Tripoly said that he would pay Pagodas 50 
and Endorse that, the Bearer say'd pay me the money down and then you may 
Endorse it, Sattanee Tripoly said you shall have the money Instantly let me see the 
Bond, who no sooner had got the Bond into possession but Immediately Endorsed 
as this Repliants Messenger supposed P s . 50 on the Back thereof paid, and then 
gave the Bond and the person asking for the money Sattane Tripoly sav'd, My 
Brother is not at home, stay till he comes and you shall have it, but this Repliant 
saith that the person staid till 9 o Clock at Night and no Brother came, so finding 
^here was no hopes of the money the person returned to this Replyant with the Bond 
and related what had passed and then went home And this Replyant saith that in 



Pleadings m the Mayor's Court, 1745 17L 

the Morning looking on the Bond he ffound on the Back thereof some Gentue writ- 
ing which this Beplyant could make nothing of, so taking it to a person that under- 
stood Gentues he ffound that instead of Pag*. 50 he had Endorsed Pag s . 150, which 
surprized this Beplyant and Immediately this Beplyant went to the Defendant and 
acquainted him thereof saying " you gave me leave to send the Bond to Sattanee 
" Tripoly for to get the sum yon owe me who promised to pay P s . 50 and Endorse it 
" but instead of P s 50 he has Endorsed P s . 150 at this the Defendant grew angry 
" and said what is it to me see you that, and make it up as you can, you must be 
" Answerable to me for it, afterward this Bepliant and the person that carried the 
Bond went to Sattanee Tripoly and said to him, you have done a villainous Action 
by Endorsing P s . 150 instead of P s . 50 which you promised to pay but have not, 
Tripoly Swore point blank he had paid this Beplyant P s . 150 which the Defendant 
hearing of, a Quarrell Ensued Between this Bepliant and the Defendant who made a 
Complaint to Audeapa and Vencata Swamme who sent a Companys Peon to ffetch 
this Beplyant and Sattane Tripoly who Mitigated the Affair thus, Sattanee Tripoly 
says he has paid you P s . 150 you deny it, still " you two can agree you must make 
some satisfaction to Govinda Chitty. This Beplyant denied to comply herewith, 
then Audepah say'd it is Nothing but Justice that the Defendant should have some 
recompense for his Bond therefore do you make a Bond for P s . 143 payable to 
Govinda Chitty which with the P s . 57 he owes you will just make up the amount of 
his Bond Pag s . 200, and when Sattanee Tripoly and you have made up matters, Get 
Sattanee Tripoly to Draw up a ffresh Bond payable to Govinda Chitty for P s . 200 
and bring the same to me And I will see you paid your Pagodas 57 and see that you 
have your Bond of Pagodas 143 returned you Audeapa's proposal this Beplyant to 
make all things Easy complied with, and then made his Complaint to Thomas Eyre 
Esq 1 ", against Sattanee Tripoly who sent for him and Inquired into the matter and 
appointed the next Morning to make an End of it, but the next Morning Sattanee 
Tripoly (through ffear and dread) in the presence of three persons made a ffresh 
Bond to Govinda Chitty in the same manner as the former which he Delivered to 
this Beplyant saying he was sorry for what he had done, and that if the same had 
come before the Justices he should have been punished, after this, this Beplyant 
carried the Bond to Audeapah and Vencaty Swamme and desired them to get his 
Pagodas 57 as also the Bond for Pagodas 143 Audeapa sayd get the Bond signed 
by Coja Mahamud and then you shall have your money and Bond Coja Mahamud 
being then in the Town hall Cockhouse both this Replyant and Sattannee Tripoly went 
to him and desired him to Sign to the Bond but he refused, by reason the Defendant 
Govinda Chitty advised him to the Contrary and also advised Sattane Tripoly to 
leave this place by reason he was not able to pay the Debt and as he had a Bond 
from this Beplyant He (the Def*.) thought himself secure as he Imagined he could 
come upon this Beplyant for the debt and this Beplyant saith that the Def*. being 
Indebted to this Repl*. in the sum of P s . 57 and being unwilling or unable to pay it 
has occasioned those debates and Troubles. 

And this Bepliant is ready to averr maintain and prove the same as this 
Honourable Court shall award and humbly prays as in and by this Beplyants Bill he- 
had already prayed. 

William Dumbleton 
Attorney for the Replyant. 

10 th . July 1744. 

The Rejoinder of Govinda Chitty to the Reply- 
cation of Trevenbelum Pandarum. 

This Dependant Saving and reserving to himself now and at all times here- 
after all and all manner of Benefit and advantage of Exception to the many Errors 
Uncertainties, Untruths & Imperfections in the said Replycation contained saith 
that this Def te . Answer is certain True and Sufficient in the Law to be Replied unto. 
and he ffurther saith. 

1745— 22a 



j.72 Records of Fort St. George 



That the Complainant has filled his Keplycation with Notorious ffalsitys and 
which this Defendant does not in the least doubt but to make plain and Obvious to 
this Honourable Court by undeniable Proofs and as one Instance towards the same 
begs leave to annext hereto Translate of an Agreement given by one Nellana to 
Padda Nague son of Moor tie Naigue bearing date the 13 day of May Anno Domini 
1744 by which together with such Proofs this Defend*, can give to Support the same, 
it is humbly presumed it will clearly appear to this Hoiible Court That the Com- 
plainant has had recourse to unwarrantable practices in order to Support and carry 
him thro' the affair now depending. 

This Defendant thinking it needless to trouble this Hoiible Court with a Long 
and Tedious Eejoinder by particularizing on the many ffalsitys set forth in the 
Complainants Replycation. Further saith as in and by his said Answer he hath 
already say'd and doth and will averr and maintain all and every thing and things 
therein to be true and certain in such manner and fform as they and every of them, 
are therein alledged and Expressed. 

KOBEET SLOPER 

Attorney for the Defend*. 

Translate of an Agreement given by Nellana 
the Scavengers Conicoply to Peddanaigue, son 
of Moortee Naigue Dated this 13 th . day of May 
Anno Domini 1744. 

Whereas Peddanaigues Son of Moortee Naigues has deled a Bond to my Care 
•which he received from Trevenbalum Pandaram I hereby oblige myself to retain 
the same in my Possession, until such time as they, the said Peddanaigues and 
Pandarum shall meet before me and mutually agree for the Delivery thereof. I 
likewise hereby acknowldge to have in my Possession the Bond Pandarum has 
given Peddanaigue for Twnety Pag s . having promised Peddanaigue that sum as a 
present in Case he gains his Cause ag*. Govinda Chitty, which Bond I hereby pro- 
mise to deliver up when Judgment shall be given in ffavor of Pandarum, as also 
to deliver the discharge Pandarum has given Paddanaigue, now in my Custody, if 
Connecapa will declare the witness is sufficient. 

drawn and signed by Nellana. 

Translated from a Cadjan say'd to be the Original, as near as it will admit. 

Joseph Githin 

ExamT. 



10 th . April 1744. 

To the Honourable The Mayors Court 

AT MADRASPATNAM. 

Humbly Complaining sheweth unto this Hoiible Court your Orator Govinda 
Chitty Merchant and Inhabitant of Madras having had sundry dealings with one Tre- 
venbelum Pandarum also Inhabitant of this place, By which means the said Treven- 
belum Pandarum became Indebted to your Orator the sum of P s . 143 and for which 
sum the said Trevenbalum Pandarum did give to your Orator one Cadjan Note or 
Writing Obligatory under his Hand Bearing date the 19 th . day of August which was 
in the year of our Lord 1743 thereby Obliging himself to pay the same to your 
Orator on demand with Interest thereon at the rate of Nine '$ Cent ^ Annum 
Translate of said note or Bond is hereunto annexed for the Inspection of this Honour- 
able Court, Original of which is in the Possession of your Orator. 

And your Orator shews that he has frequently in the most ffriendly manner 
demanded payment of the same from the said Trevenbelum Pandarum but has often 
been put off with ffrivolous Excuses, till at last the said Trevenbelum Pandarum in 



Pleadings in the Mayor's Court, 1745 173 

order to Intimidate your Orator and shift off if possible from Answering your Ora- 
tors Just demand, Filed a Bill in this Honourable Court against your Orator for P s . 
57 your Orator thereunto has made Answer, referrence thereunto being had will 
more fully Inform this Honourable Court the several Proceedings of the said Tre- 
venbelum Pandarum and your Orator ffurther shews, that the said Trevembelum 
Pandarum absolutely refuse to give your Orator any manner of Satisfaction in the 
premisses. 

To the End therefore that the said Trevenbelum Pandarum may upon his Cor- 
poral Oath True and perfect answer make to all and every the matters aforesaid as 
fully truly and Effectually to all Intents and purposses as if the same was here again 
repeated and Interrogated and be Decreed to Discharge his said Obligation to your 
Orator by paying the Principal and Interest that is or may become due thereon and 
that your Orator may have such further and other Eelief in the premisses as may 
t»e Agreeable to Equity and Good Conscience. 

Eob t Sloper 
AtPJ. for the Complainant. 

19 th . August 1743. 

I Tkevenbelum Pandarum do hereby acknowledge to have Borrowed and 
Received of Govinda Chitty Son of Polliata Chitty the Sum of 143 Pagodas Current 
of Madras which sum I promise to pay on demand with Interest at Nine ^ Cent. 

Trevenbelum Pandarum. 

Witness. 

Vencata Swamme. 
Vencata Kistnama. 

Drawn by Monnelly Chinatomby. 

Translated from a Cadjan said to be the Orig 1 . 

Joseph Githin. 
Exam r . 

The answer of Trevenbelum Pandarum Defendant to the 
Bill of Complainant of Govinda Chitty. 

This Dependant saving to himself all Benefit of Exception to the Errors and 
Imperfections in the said Bill contained for Answer thereunto or unto so much there- 
of as he this Defendant is advised materially doth concern him this Defendant to make 
Answer unto He this Defendant Answereth and Saith. 

That he admits it to be true that he did give the Complainant a Bond for the 
sum of P s . 143 But this Defendant did never receive any valuable Consideration for 
the same and how this Defendant came to give the Complainant such a Bond, shall 

hereafter be set forth The Complt did Mortge to this Defendant one Bond for 
Pagodas 200 due and payable from Sattanee Tripoly to the Complainant for the sum 
of Pagodas 57 which Bond the Complainant promised to take up in Two months time 
and that time being Expired and tins Defendant making a Demand of his money the 
Complainant said if you will let me have the Bond I will see and procure you your 
money and upon the Complainants giving this Defendant good Security for his Monev 
this Defendant did Give the Complainant his Bond. But the Complainant not being 
able to raise any money on the Bond brought it back again and delivered to this De- 
fendant and this Defendant saith that by the liberty of the Complainant he did send 
the said Bond to Sattane Tripoly and requested him to pay to this Defendant the Pago- 
das 57 due from the Complainant and Indorse the same on the back of the Bond. Sat' 
tanee Tripoly said that he would pay Pagodas 50 and taking the Bond did instead of 
Indorsing 50 put down One hundred and Fifty which this Defendant discovering Im- 
mediately acquainted the Complainant thereof who sayd he had nothing to Say to 



174 Records of Fort St. George 



it for the Bond was Mortgaged to him and that he must make it Good then this De- 
fendant went to Sattanee Tripoly and Challenged him with his Knavery and after- 
wards the Complainant went and made a Complaint to Audeapah who sent for Sat- 
tanee Tripoly and this Def*. And upon Examining them Tripoly Swore point Blank 
that he had paid this Defend*. P s . 150 which he had Endorsed on the Back of the 
Bond upon Saying of which Audeapah said to this Defendant you must make Govinda 
Chitty some satisfaction for his Bond therefore until you can make it up without 
Trippoly do you Give Govinda Chitty a Bond for Pag s . 143 which by Discounting 
the P. 57 that he owes you Just makes up the amount of his Bond of Pa s . 200 due 
from Tripoly, And this Defendant saith that by the perswasions of Audeapah he did 
Give the Complainant a Bond for P s . 143 afterwards this Defendant made Complaint 
to M r . Eyres against Tripoly by which means this Defendant got a ffresh Bond from 
Tripoly for P s . 200 in the same manner as former and Carried the same to Audeapah 
who sent for the Complainant to come and take his Bond and to pay this Def*. his 
Pagodas 57 and to deliver him up his Note for Pag s . 143 which the Complainant pro- 
mised to do, but as yet never has performed And this Defendant saith that he is 
no ways Indebted to the Complainant but that the Complainant now stands Indebted 
to this Defendant in the sum of P s . 50 ready money lent and also upon Bond P s . 143. 
All which Matters and things this Defendant is ready to Averr maintain and 
prove the same as this Honourable Court shall award and humbly prays to be hence 
dismissed, with his reasonable Costs and Charges in this Behalf most Wrongfully 
sustained. 

William Dumbleton 
Attn, for the Defendant. 

The Eeplycation of Govinda Chitty Complainant to the 
Answer of Trevenbelum Pandarum Defendant. 
10 th . July 1744. 

The said Eeplyant Saving to himself all Advantages of Exception to the Incer- 
tainties Untruths and Insufficiencies of the Defendants said Answer for Eeplycation 
thereunto saith That all and singular the matters and things in this Beplyants said 
Bill Contained are true as the same are therein set forth and alleged and that the 
Answer of the said Defendant to the said Bill is very untrue Imperfect and Insuffi- 
cient to be replied unto ; For that this Replyant saith the Defendant has performed 
and made up such an Answer as he thought might best Suit his purpose without the 
least regard to Truth, and then has the Presumption to Swear to the same but this 
will be no matter of Surprize when this Honourable Court shall be Informed of the 
Practices made use of by the Defendant to Cover and Screen his Vile and Wicked 
practices. This Eeplyant therefore thinks it needless to Trouble this Honourable 
court with a Eeply as long as the Defendants Answer, But in a word to say, the 
ffoundation of the said answer is Layed in Equity and without doubt the Structure 
raised from it, tho' ever so Artfully Complied or put together must ffall when Truth 
appears. 

And this Defendant is ready to Averr Maintain and prove the same as this 
Honble Court shall award and humbly prays as in and by his said Bill he hath already 
prayed. 

Eejoinper General. 

Eob t : Sloper 

Attorney for the Complainant. 

Interrogatories to be administred to sucK 
Witnesses as shall be produced Sworn and Exa- 
mined on the part and Behalf of the Complainant 
in a certain Cause wherein one Trevembelum 
Pandarum is Complainant and one Govindn 
Chittv is Defendant 



Pleadings in the Mayor's Court, 1745 175 



To Vancaty Swamme, Angriah and Chinna Woodundee Imprimis Do you 
know the parties Complainant and Defendant in this Cause if yea, how long have 
you so known them or either and which of them and do you know anything relating 
to the present dispute if yea set forth (by Virtue of the Oath you are under) all you 
know Concerning the present dispute with the manner how it came to your Knowl- 
edge also how long have you known it Declare. 

William Dumbleton 

Attov. jor the CompV. 



Mayors Court at 
Madraspatnam. 

Between Trevenbelum Pandarum Complainant 
and Govinda Chitty Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Vencata Swamme of Madras Dubash aged 38 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant was on the 20 th . 
day of May 1745 shewn at the Office of M r . Kobert Sloper Attorney for the Defen- 
dant by Connecapa who left a Note of the name Title and place of abode of the said 
Vencate Swamme and afterwards on the same day being Sworn and Examined De- 
poseth as ffollows. 

ffirst. To the ffirst Interrogatory this Deponent saith that he hath known the 
Complainant 6 years and the Defendant 10 years or thereabouts. 

second. To the second Interrogatory this Deponent saith in regard to the 
matter in Dispute That the Defendant having Mortgaged a Bond given him by Sat- 
tane Tripoly for 200 Pagodas to the Complainant for 57 Pa s . he the Complainant per- 
mitted the said Sattanee Tripoly to Endorse on the Bond 150 Pagodas of which the 
Defendant being Informed was going to Complain thereof to the Late Governour 
Benyon but was Intercepted by this Deponent at the Complainants request and En- 
treated to make the Matter up which was then adjusted by the Complainants giving 
a Bond for 143 Pagodas which sum with the 57 Pagodas the Complainant had lent 
the Defendant made up the Amount of Satanee Tripoly's Bond above mentioned, 
he ffurther saith it was then agreed between the partys that if the Complainant could 
get a ffresh Bond of Sattanee his Bond for 143 Pagodas should be returned him and 
more saith not to this or the last Interrogatory. 

Vancatee Swammee. 
Joseph Githin 

Exam r . 

Angria of Madras Painter aged 56 Years or thereabouts being produo^d as a 
Witness in this Cause on the part of the Complainant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Deponent saith That he hath known the Com- 
plainant Ten years and the Defendant ffour years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith That on his demanding 
the Sum of 25 Pagodas of the Defendant he being Indebted To this Deponent in that 
Sum the Defendant replied he had no money But if this Deponent could recover of 
Sattanee Tripoly the money he owed him on a Bond which was then Mortgaged to the 
Complainant he might repay himself and the Complainant and return him the Re- 
mainder whereon this Deponent went Immediately for the Bond which he ffound in 
the hands of one Naindu who requested that this Deponent would return the Bond 
to him again which he did after he had attempted in vain to recover the Contents and 
more saith not to this or the last Interrogatory. 

Joseph Githin 

Exam r . 

Angria. 



176 Records of Fort St. George 

Interrogatories to be Administred to such Witnesses as shall be 
produced Sworn & Examined on behalf of the Complainant in a cer- 
tain Cause wherein one Govinda Chitty of Fort S*. George Merchant 
is Complainant and Trevenbelum Pandarum of the said place is De- 
fendant. 
To all the witnesses Imprimis do you know the parties Complainant and 

Defendant in this Cause or either and which of them and how long have you known 

them or either and which of them Declare. 

2 d . To Vencatee Swammee, Verrapermaul and Pedda Naigue Look at the 

Bond now shewn you at this the time of your Examination marked E. S. read the 

same and declare what Knowl you have thereof, for what sum it is Given, and to- 
whom given by, and what Account was it given, you are also desired to set forth 
tiie particulars of all you know Concerning a Bond formerly given by one Tripoly 
to the now Complainant for Pagodas 200 whose hands the same fell into and by 
what means, what practices have been since used with such Bond how far the now 
Defendant Trevenbelum Pandarum hath been Privy to, aiding or assisting in such 
practices, as also how far he hath been Interested in such Transactions. Know Yea of 
any Reward being given and who gave and received the same, how it was discover- 
ed, what Excuses the Defendant made on such discovery, how the matters were 
afterwards made up and before whom, as also, upon what Terms. Is this Bond now 
shewn him marked R. S. any part of such Concession, or Agreement betwixt the 
parties what did the Defendant say at the time of Giving this Bond sued for, to be 
the sum of Pag s . 143 Declare. 

3 d To Peddanaigue by himself Do you remember any Overtures of reward or 
Consideration being made by or to any person if Yea who made such offers, to whom 
were they made, and what Earnest thereof was Given, where is it lodged, and why 
was it lodged and when was it to be given see the Cadjan now shewn you at this the 

time of your Examina marked R. S. N°. 2 and set forth the particular of what you 
know concerning it. 

4 th . To Henry Deveil Did one Tripoly ever in his life time apply to you to 
go to M r . Eyres in his Behalf if Yea what was you Desired to say on the Occasion 
and what Answer did you receive from M r . Eyre concerning the parties with Tripoly 
to you about the now Defendant declare. 

6 th . To Gossam Labbee Did the Defendant ever request any ffavour of you,, 
if yea what did he desire you to do for him did you Comply with his Request If Nay 
your reasons for not Complying, did you hear him or Any other person mention 
ought about the present dispute if yea set forth all you know, all you have heard, 
and all you do Believe, with the reasons of such your Knowledge or belief declare. 

To all the witnesses do you know any other matter or thing that may be of 
service to the Complainant in this Cause. 

Robert Sloper, 
Attv. for the Complainant. 



Mayors Court at 
Madraspatnam. 

Between Govinda Chitty Complain*. 

and 
Trevenbelum Pandarum Defendant. 

Depositions of Witnesses taken by and before the Exam r . in this Court as 
follows. 

Vencata Swammee of Madras Dubash aged 38 years or thereabouts being pro 
duced as a Witness in this Cause on the nart of the Complainant was on the 20 th . day 
of May 1745 shewn at, the Office of M . W m . Dumbleton Attorney for the Defendant 



Pleading* in the Mayor's Court, 174.& 177 

by Connocapa who left a Note of the name Title and place of abode of the said Ven- 
cata Swammee and afterwards on the same day being Sworn and Examined Deposeth 
as follows. 

1 st . To the ffirst Interrogatory this Deponent saith that he hath known the 
Complainant 10 years and the Defendant six years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that the Bond marked 
E. S. shewn him now at this his Examination is given by the Defendant to the Com- 
plainant for 143 Pagodas on Account of some ill practices used with a Bond given 
by Sattane Tripoly to the Compl*. For 200 Pagodas the particulars of which are 
as follows The Complainant having Mortgaged the said Bond of Satane Tripoly to 
the Defendant for 57 Pagodas The Defendant permitted Sattane Tripoly to Endorse 
on the back 150 Pagodas of which the Complainant being Informed was Going to 
Complain thereof to the late Governor Benyon but was Intercepted by this Deponent 

at the Defendants request and Intreated to make the mre up which was then adjusted 
by the Defendants giving the Bond now shewn for 143 Pagodas which sum with 
the 57 Pa s . the Defendant had lent the Complainant made up the Amount of Satane 
Tripolys Bond above mentioned he further saith it was then agreed between the 
partys that if the Defendant could get a ffresh Bond of Satane Tripoly his Bond for 
143 P 3 . should be returned him but the Defendant Neglected to procure it, This De- 
ponent knows not of any reward being offered by or to any other person on any 
account or can further say to this or the last Interrogatory. 

Joseph Githin 
ExamT. 

Vencata Swamme. 

Veebapermaul of Madras Dubash aged 25 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant and afterwards being 
Sworn and Examined Deposeth as ffollows. 

1 st . To the ffirst Interry this Deponent saith that he hath known the Com- 
plainant and Defendant ffour years or thereabouts. 

2 d . To the second Interry this Deponent saith that he heard the Bond now 
shewn him marked R. S. was given by the Defendant to the Complainant for an 
140 Pag s . on an account of an Endorsement on Satana Tripolys Bond for 200 P s . 
which the Complainant had Motgaged to him he further saith that he heard Satana 
Tripoly say the Defendant brought his Bond as above to him, and that he had En- 
dorsed of the Bond P s . 150 or thereabouts for which he sayd he had Satisfied the 
Defendant But mentioned not in what shape. This Dep*. further saith That the 
Complainant having heard of the Transactions (but cannot say by whom) demanded 
back his Bond so Endorsed saying he was ready to Clear off the Mortgage whereon 
the matter was made up before Vancatee Swammee by the Defendants giving the 
above Bond for an 143 Pagodas and more saith not to this or the last Interrogatory. 

Veerapermaul. 
Joseph Githin 

Exam r . 



Pedde Naigue of Madras Petty Merchant aged 31 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 8 years and the Defendant Ten years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that the Bond now 
shewn him marked R.S. was given by the Defendant to the Complainant for 143 
Pagodas on account of some ill practices used with a Bond given by Satanee Tripoly 
to die Compl*. for 200 Pag<Vks The particulars of which are as follows. 
1745—23 



178 Records of Fort St. George 



The said Satane Tripoly being Indebted to the Complainant in the sum of 200 
Pagodas gave him a Bond for the payment thereof, The Complainant afterwards be- 
ing streigthned for money borrowed the Sum of 57 Pagodas of the Defendant on Mort- 
gage of the said Bond of Satane Tripolys, after that the said Satanee Tripoly came with 
the Defendant to this Deponents house one Evening and ordered this Deponent to 
bring a Lamp and an Iron Pen when the Defendant gave Satana Tripoly his Bond for 
200 Pagodas which the Complainant had mortgaged to the Defendant as above and Sat- 
tane Tripoly Endorsed thereon in two places the several sums of P s . 80 odd and 60 odd ; 
Then Satana Tripoly departed and as he was Going out said he would send the Defend- 
ant the ffirewood to the amount of 27 ffanams he had promised and the Defendant 
ordered this Deponent to go with Satana Tripohy and bring 10 P s . which he would give 
him but Satanee Tripoly having no money by him gave this Deponent a Gold sash to 
pledge which he did and gave the Defendant the 10 Pagodas he received thereon 
ten days after this Deponent went to the Defendant and asked him how he could be 
Guilty of so base an Action with Satane Tripoly and that if the Complainant should 
come to the Knowledge of it they must Expect to loose their Ears and this Deponent 
being privy to the Act must hope for the same ffate. The Defendant thereon drew 
a ffresh Bond in Imitation of that the Complainant had Mortgaged to him as near as 
he could and carried it to Gossam Labbee to sign he being a Witness to the Original 
Bond endorsed as above. But he refused to set his name thereto because the Com- 
plainant was not present, whereon this Deponent fearing the Event discovered the 
whole practice himself to the Complainant who Immediately went with an Intent to 
Complain of the Villany to the late Governour Benyon but was prevented by Vancate 
Swamme who advised him to make it up telling him he would inevitably ruin the 
parties concerned and immediately sent for the Defendant who when he came pros- 
trated himself at the Complainants ffeet confessed he had Committed an Error and 
begged for mercy; The matter was then made up before Vancate Swamme by the 
Defendants giving the Complainant the Bond now shewn for Pagodas 143 which with 
the sum the Complainant hal lent the Complainant made up the amount of the Bond 
Endorsed as above and more saith not to this Interrogatory. To the third Interry 
this Deponent saith that he the Defendant made overtures of Eeward to this Depo- 
nent which follows ; The Defendant delivered 3 Cadjans into the hands of one Nellana 
Chitty Viz*, one containing a Bond payable to this Deponent for 20 Pagodas one 
-Containing a discharge of the sum of 19 Pag s . this Deponent and the Defendant and 
the third a Certificate to clear this Deponent of having been Concerned in the en- 
dorsement of Satane Tripolys Bond mortgaged to Defendant by the Complainant as 
above. That these three Cadjans were to Continue in the said Nellana's Custody 
till the Cause was decided when if it happened in the Defendants flavour he was to 
deliver them to this Deponent he further saith that the Cadjan now shewn him mark- 
ed E.S. N°. 2 contains Nellana's acknowledgment of the Receipts of the afore- 
said Cadjans as also thereby obliged himself to Deliver them up on the decision of 
the Cause as above and more saith not to this or the last Interrogatory. 

Pedda Nague. 

Joseph Githin 

Exam r . 

Henry Deveil of Fort S*. George Merchant aged 32 years or therenbonts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as foil 3 . 

1 st . To the ffirst Interry this Deponent saith That he hath known the Com- 
plainant 3 Years and the Defendant 8 years or thereabouts. 

4 th . To the ffourth Interry this Deponent saith that He remembers one Tri- 
poly a Conicoply did some time before his departure apply to him to go to M r . Eyres 
to explain an affair to him by which he the said Tripoly was in danger of being In- 
jured as he said by a Trick of Pandarum Trevenbelum which he thus Explained. 
He desired this Deponent to acquaint M r . Eyre that he the said Tripoly stood Indebt- 
ecT to Govinda Chitty the now Compl*. on a Bond That the said Govinda being in 



Pleadings in the Mayor's Court, 1745 17& 

Necessity mortgaged the said Bond to Trevenbelum Pandarum that Pandarum 
brought the Bond to Tripoly and pretended to have purchased his Bond of Govinda 
and offered to let Tripoly Endorse of the Bond a large Sum for a small Consideration. 
Tripoly believing Pandarum had bought the Bond did pay him a small sum and was 
permitted to Endorse of Pag s . 143 to the best of this Deponents remembrance but 
Govinda who was the Proprietor of the Bond having got Notice of these Transac- 
tions made a Complaint and Pandarum finding no way to shun being brought to 
Justice tore the Endorsement of the Bond and that being also discovered he called 
Govinda before Vancata Swamme and other heads of the Inhabitants and after many 
Intreaties desired to take the Old Bond he had suffered to be Endorsed upon himself 
and to make the said Govinda amends gave him a new Bond for as much money as 
the Old Bond contained deducting what he had already lent upon it when Mortgaged. 
This is what this Deponent was desired to relate to M r . Eyre who answered that both 
Pandarum and Tripoly deserved to loose their Ears for that he believed Tripoly was 
privy to the Transactions and knew the Bond was only Mortgaged and not purchased 
as pretended which Tripoly denied and more saith not to this or the last Interroga- 
tory. 

Henry Deveil. 
Joseph Githin 

Exam r . 

Gossam Labbee of Madras Merchant aged 27 years or thereabouts being Pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant and Defendant 3 years or thereabouts. 

5 th . To the ffifth Interry this Deponent saith that the Defendant did request 
of him to Witness a Copy of a Bond given by Satane Tripoly to the Complainant for 
Two hundred Pagodas which this Deponent had signed to as a Witness, telling this 
Deponent that the Original Bond was lost and that the Bond he then brought was 
drawn by Nellanah who drew the Original as also that Satana Tripoly who gave it 
was present but this Deponent refused to Witness the said Copy without the" Com- 
plainants Approbation and more saith not to this or the last Interrogatory. 

Joseph Githin 



Exam r . 



GOSSHAM MAHOMUD. 



Mayors Court at 
Madraspatnam. 

Tuesday the 24 th . day of September A.D. 1745 Between 
Trevenbelum Pandarum of Madras Inhabitant Complainant 
and Govinda Chitty of the same place Merchant Defendant 

and 
Between Govinda Chitty of Madras Merchant Complainant 
and Trevembelum Pandarum of the same place Inhabitant 
Defendant. 

These Causes coming on this dav to be heard and debated before this Court 
in the presence of the partys and of their Attorneys on both sides, On hearing the 
Bill of Trevenbelum Pandarum, The answer of Govinda Chitty, The Replvcation 
The Rejoinder with Translate of an Agreement thereto annext' The Cross" Bill of 
Govinda Chitty with Translate of a Cadfan Bond under the Original Oomnhinants 
hand dated the 19 August 1743 thereto annext the Cross answer of Trevembelum 
Pandarum the Replvcation and Rejoinder also the Proofs taken in these Causes read 
and,.on Examination of the matters in these Causes what was alledged on either side 
1745— 23a 



180 Records of Fori St. George 



and due Consideration had thereon This Court doth therefore think fit to order and 
Decree and doth accordingly order and Decree that the Original Bill of Trevenbelum 
Pandarum do stand dismissed out of this Court and that the Cross Defendant Treven- 
belum Pandarum do pay unto the Cross Complainant Govinda Chitty the full and 
just sum of 143 Pagodas Current of Madras being the principal money of the Before 
mentioned bond together with such Interest after the rate of 8 ^ Cent ^ Annum 
as now is or shall hereafter become due thereon until full payment is made and Also 
the Costs of both suits. 

Pee Cue 

Noah Casamajoe 

Reg r . 



7 th . May 1745. 

To the Honble The Mayoes Couet 

AT MADEASPATNAM. 

Humbly Complaining sheweth to this Honourable Court your Orator Joseph de 
Cunha D Essa Merchant at present residing in Madras, that your Orator did Espouse 
the Daughter of one Fransisco Gonsalves late of Madras but deceased and your 
Orator shews it was Stipulated and agreed betwixt your Orator and the said Gon- 
salves, that your Orator should receive as a Dowry with his said Espouse the full and 
just sum of Pagodas 1000 Current of Madras that sum having been also given with 
his other daughter but for as much as the said Gonsalves did alledge this money was 
abroad and therefore he could not immediately spare the whole he therefore paid 
your Orator at the time of Marriage only 750 P s . & the remaining sum of 250 P s . 
your Orator was giving to understand it should be forth coming soon after But 
the said Gonsalves departing this life his last Will and Testament proved in this 
Honble Court sets forth that he the Deceased did will your Orators wife should 
receive the sum of 1000 Pago s . to the end she might not murmur at having less than 
her Eldest sister or words to that Effect. 

By which paragraph as well as what passed at the time of Marriage your Orator 
.always understood he was to receive 1000 P s . at one time or other but instead of that 
sum the deced and his Executor together hath only paid your Orator 910 Pagodas 

deducting 90 Pagdas or 12 ty C*. under a Clause in the said Will that, that sum is 
accounted for by batty on Trivelloor Pagodas. 

But your Orator begs leave to shew that pretence cannot hold good because 
Your Orators Contract of Marriage was after those Pagodas were cryed down by the 
Governour and Council of this place, after which all manner of Contracts what- 
ever is understood to be in the Current Pagodas, Unless particularly mentioned 
to the contrary in any Bargain or Contract as by the Order hereunto annext appears 
so that your Orator prays the Judgment of this Honourable Court, whether the De- 
ceased's Estate shall pay the Deficiency or your Orators said ffortune when the de- 
ceased himself in his will allows of 1000 Pagodas and your Orator has received only 
$10 P s . 

To the end therefore that the said Executor by name Don Jeronimo may upon 
his Corporal Oath true and perfect Answer make as also that the deceaseds Widow 
and lawfull Heirs be also Summoned to set forth and say Jointly or Separately why 
he or they have not paid the deceaseds debt before his Trust is delivered up accord- 
ing to the Tenour of all Wills and that the said Widow and Heiress by name Manoela 
de Souza Eodoallis, with the said Executor do answer all the Matters aforesaid as 
fully truly and effectually to all Intents and purposses as if the same were here a^.iin 
repeated and Interrogated and that the said Executor and Heiress or one of them 
be decreed to pay your Orator the t.aid difference of 90 P s . Current of Madras and 
therefore your Orator may have such further and other relief in the premisses as 
may be agreeable to Equity and pood Cons ience. 

Henby Deveil 
'Attorney for the Complainant. 



Pleadings in the Mayor's Court, 1745 181 

Extract of an order of the President and Council of Fort S^ George bearing 
date and affixed at the Gates of the Town the 9 th . April 1741. 

Ordered by the presdnt and Council that no other Pagodas than such as are 
coined in the Honourable Companys Mint of 80 Touch shall from hence forth be 
deemed the Current money of this place and all Contracts made for Current money 
shall be understood to be due and payable in the said Pagodas of 80 Touch, and 
none other Provided that this order shall not hinder any of the Merchants or others 
from making their Bargains or Contracts for any other moneys which they may 
think most for their Interest but if the particular money is not Specified at the 
making such Bargains or Contracts it shall be understood that the payment was 
intended to be made in the said Pagodas of 80 Touch coined in the Companys Mint. 

A true Copy. 

Witness 

Jn°. Savage. Sect*. 



11 th . June 1745. The Joint Answer of Jeronimo de Ita Executor 

to the last Will and Testament of Francisco Gon- 

salves deced and of Manoela de Sousa Eodoalho 
widow and Heiress to the said Francisco Gon- 
salves to the Bill of Complaint of Joseph da 
Cunha D Essa. 

These Defendants now and at all times hereafter saving and reserving to them- 
selves all and all manner of Benefit and advantage of Exception to the manifold 
Errors Imperfections Incertaintys and Untruths in the said Bill Contained, for 
Answer thereunto or unto so much thereof as these Defendants are advised doth 
materially concern these Defendants to make Answer unto these Defendants answereth 
and saith. 

That the Complainant must be Erroneously deceived (might so favourable a. 
Term be given it) if he did not know the first Introduction of his Complaint was 
Notoriously false, when he says that it was Stipulated and agreed Between the said 
Francisco Gonsalves and the Complainant that he the Defendant should receive as 
a Dowry with his wife Christiana Daughter of the said Francisco Gonsalves the full 
& just Sum of 1000 Pagodas the Contrary of which will fully appear by The said 
Marriage Contract, made and signed by the said ffransiso [sic] Gonsalves deced and 
the Complainant and regularly witnessed by the Notary or Publick scrivener of the 
Roman Church Translate of which is hereunto annext for the Inspection of this 
Honourable [sic] and these Defendants pray the same may be admitted as part of 
these Defendants Answer which said Marriage Contract fully sets forth the marriage 
Dowry agreed on to be no more than Pagodas 750. The same is also Confirmed in 
the last Will and Testament of the said Francisco Gonsalves to which these Defendants 
humbly referr and also beg leave to observe that it is therein mentioned that he the 
said Francisco Gonsalves does Will and bequeath the further sum of 160 Pagodas to 
his Daughter Christina and how the Complainant can offer to demand, or expect these 
Defend** 3 , to pay to him a larger sum than the said Francisco Gonsalves by his said 
Will has Bequeathed these Defendants are at a loss to account for therefore these 
Defendants humbly Submit it to the Consideration of this Honourable Court whether 
the Complainant has any right to demand or these Defendants are obliged by Law 
to pay any further sum to the Complainant then is directed by the said Will. 

All which matters and things these Defendants are Ready to averr maintain 
and prove the same as this Honourable Court shall award and numbly prays to bo 
hence dismissed with their reasonable Costs and Charges in this behalf most wrong- 
fully sustained. 

Rob*. Slopee 
'Attorney for the Defendants. 



182 Records of Fort St. George 

On the 15 th . day of May in the year 1741 1 Notary and Publick scrivener of the 
Roman Catholicks of this Town of Madraspatnam was sent for by ffraneisco Gonsalves 
Inhabitant of the place aforesaid who being present as also Joseph da Cunha D'Essa 
He the said ffransisco Gonsalves told me that his second Daughter by name Christina 
was contracted to be married to the said Joseph da Cunha D'Essa on the following 
conditions, to wit, That his said Daughters portion was 600 Pagodas of Good and 
Current of this place and 150 P s . in Jewells for her Use all which the said Francisco 
Gonsalves promised to Exhibit on her Marriage And the said Francisco Gonsalves 
further saith that in Case his said Daughter should die (which God forbid) without 
having any Children the said Joseph Da Cunha D'Esa should be obliged to return 
one Moiety of the portion he receives as it appears by this Writing in faith of their 
being thus Contracted in the presence of the Rev d . ffather the Judge. The Con- 
tracting parties together with the said Judge signed these presents and I Notary and 
puolick Scrivener signed it also after my usual manner the same day and Year first 
above written. 

Fran 00 . Gonsalves. 
Joseph De Cunha D Essa. 

F K . Thomas Cap M*ap. 
Fr co . de/Sqr*. Peixoto. 

Publick Scrivener. 

Translated from the Original. Noah Casamajor. 

Received the full amount of the Contract on either side Viz fc . 189 Pagodas in 
Jewells and in Good and Current money 561 which make tog r . the sum of 750 
Pagodas this 13 th . June Anno Domini 1741. 

Joseph Da Cunha D'Essa. 
Translated from the Original 

Noah Casamajor. 



18 th . June 1745 

The Replication of Joseph da Cunha D'Essa 
to the answer of Jeronimo de Ita and Manoela 
de Souza Rodoalho. 

This Replyant now and at all times hereafter saving and reserving to himself 
all and all manner of Benefit and advantage of Exception to the manifold Errors 
Incertainties and Untruths in the Defendants said Answer for Replication there- 
unto saith that all and singular the said matters and things in this Repliants bill 
contained are true as the same are therein alledged and that the answer of the said 
Defendants to the said Bill, is very evasive Imperfect and Insufficient to be replied 
unto and this Repliants also saith. 

That the Defendants avoid answering the most material matter on which 
this Complainant [sic] is founded, this Replyant referrs to the Testators last Will 
and urges that in defence of his present Claim the Defendants in Answer preferrs the 
marriage Contract Alledging that because it is drawn for 750 Pa s . that this Replyant 
is intitled to no more, this Contract is already allowed of in the Bill of Complaint 
but this Replyants Claim is chiefly supported by the deceased's last Will which says to 
this Effect Viz*. " I declare to have two Daughters one Joana and the other Christina. 
" I married Joana to Robert Stringfellow and gave her a 1000 P s . dowry I also 
" married Christina to Joana da Cunha d'Essa and gave her 750 Pagodas after her 
" Marriage when no bulse seal'd Pagodas Circulated as they did at the time we 
" contracted the Marriage but the Star Pagodas which is 12 :^ Cent better then 
" Bulsed Pagodas and amounted to 90 Pagodas." 

This Replvant begs the Notice of this Honourable Court that the Testator by 
the foregoing Paragraph would have it understood to this Replyants prejudice that 
the Sealed bulse Pagodas passed' Current at the Contract of Marriage which is false 



Pleadings in the Mayor's Court, 1745 183 



for they were Cried down before the Contract of marriage and none but Star Pago- 
das then Current for the Star Pagodas was Current the 26 April 1741 N.S. and 
this Replyants Contract of Marriage bearing date 15 th . May 1741 which is a month 
after the 'Star Pagodas were made Contract and to shew that the Testator did intend 
this Repliant 1000 Pag 8 , tis observable he says in his Will that he gives the further 
.sum of Pag s . 160 that she (meaning this Replyants Wife) should not Murmur at her 
Sisters had more than her. 

If then the Testator intended this Replyants Wife should have equal with her 
Sister, 'tis plain she must have 1000 Pagodas or otherwise the intent of the Testator 
is not fulfilled, by this Replyants having been paid 90 Pagodas less than 1000 P 3 . 

All which matters and things this Repliant is ready to aver maintain and prove 
as this Honourable Court shall Direct and humbly prays as in and by his said Bill is 
already prayed. 

Henry Deveil 
AttV. for the Replyant. 

Rejoinder Gen l . 



Mayors Court at 

Madraspatnam. 

Tuesday the 1 st . day of October Anno Domini 
1745 Between Joseph da Cunha D' Essa of 
Madras Merchant Complainant and Jeronimo de 
Ita Executor of the last Will and Testament of 
Francisco Gonsalves late of the same place Mer- 
chant deceased, and Manoela de Souza Rodoalho 
Widow to and Residuary Legatee of the said 
Francisco Gonsalves, of the same place also 
Defendants. 

This Cause coming on this day to be heard and Debated before this Court in 
the presence of the Attorneys on both sides, On hearing the Complainants Bill with 
an Extract of an Order of the President and Council thereto annext The Defendants 
joint Answer with Translate of the Complainants Marriage Contract and of a Receipt 
for his Wife's fortune thereto annext The Replycation The Rejoinder and the last 
Will and Testament of Francisco Gonsalves deceased as far as relates to the matters 
in dispute read, and on Examination of the matters in this Cause what was alledged 
on either side and due Consideration thereon This Deponent doth therefore think 
fit to order & decree, and doth accordingly Order and decree that the Defendant 
Manoela de Souza Rodoalho do pay unto the Complainant the full and just sum of ■*■ M 
P s . 90 Current of Madras (so much appearing to be due to the Complainant to make 
up the Sum of 1000 P s .) which sum it appears to this Court that the Testator Fran- 
cisco Gonsalves intended to make up to his Daughter Wife to the Complainant by 
his said Will and also the Costs of this Suit, and that the Complts Bill do stand dis- 
missed as to Don Jeronimo de Ita. 

$ Cur 
Noah Casamajor 

Regr. 



184 Records of Fort St. George 



TO THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

The Humble Petition of Fenwick Golightly 

Sheweth 

That your Petitioner being Informed that the Office of an Attorney of this 
Honourable Court is become Vacant by the death of M r . Henry Deveil humbly prays 
to be admitted to fill the said Vacancy In which Office your Petitioner will behave 
diligently and ffaithfully to the satisfaction he hopes of this Hoiible Court and as in 
duty Bound shall ever pray &c. 

William Dumbleton 

Attv. for the Pet T . 

Mayors Court at 
Madraspatnam. 

Tuesday the 22 d . day of October Anno Domini 
1745. 
The Petitioner Fenwick Golightly is admitted and Sworn an Attorney of this 
Court. 

V Cur 

Noah Casamajor 
Reg*. 

27 th . Aug*. 1745. 

To the Honble Mayors Court at Madras- 
patnam. 

Humbly Complaining Sheweth unto this Honourable Court Your Orator Robert 
Sloper Merchant of Madras That one Tomby Chitty Merchant and Inhabitant also 
of Madras being in want of Money did apply himself to M re . Ann Crawford for the 
Loan thereof who complying with his request he the said Tomby Chitty did sign and 
Give unto the said M ra . Ann Crawford one Promissory Note for 800 Pagodas Current 
money of Madras payable with Interest at 8 f! Cent f? Annum on demand as <$ 
Copy of said note hereunto annexed will appear the Original being in your Orators 
Custody ready to produce as this Honourable Court shall please to direct in part of 
which as $ Endorsements on the said Note, Tomby Chitty hath paid in part Pag s . 90, 
so that the Principal due on the said Note in Pa s . 710 which in Sterling monev of 

3 " 

Great Britain accompting each Pagoda 8 amounts to £.284 or thereabouts the Pro- 
perty of which Note (by his Marriage with the said M rs . Ann Crawford) is now. become 
your Orators by Virtue of which Eight your Orator hath often and that in the most 
ffriendly manner demanded payment of the said debt from the said Tomby Chitty. 

But now so it is May it please this Honble Court the said Tomby Chitty wilfully 
and Obstinately refuses to give your Orator any manner of Satisfaction Your Orator 
therefore prays a Gen 1 . Relief in the Premisses such as to this Honourable Court 
shall appear agreeable to Equity and good conscience Is the End of the Bill. 

William Dumbleton 
Attv. for the Complainant. 
Fort S t : George 3 d . Dec r . 1743. 
I Tomby Chitty do hereby acknowledge to have Borrowed and received of 
M re . Crawford the sum of 800 P s . Current of Madras which I promise to pay on 
demand with Interest at the rate of 8 $ Cent $ Annum Witness my hand. 
Pag 3 . 800 — — . 

Witness Signed by 

Rob t . Slophb. Tomby Chitty in Gentue&. 



Pleadings in the Mayor's Court, 1745 185 

Mayors Court at 
Madraspatnam. 

Tuesday the 22 d . day of October Anno Domini 
1745 Between Eobert Sloper Husband to Ann 
Crawford of Madras Merchant Complainant and 
Tomby Chitty of the same place also Merchant 
Defend* . 

On hearing the Complainants Bill, with Copy of a Bond under the Defendants 
hand for Pagodas 800 dated the 3 d . December 1743 thereto annext read and it 
appearing to this Court that the Defendant hath been served with the regular process 
to answer the Complainants Bill but wilfully and obstinately refusing so to do, on 
due Consideration had this Court doth therefore think fit to order and Decree and 
doth accordingly order and Decree That the Defendant do pay unto the Compl*. the 
full and just Sum of 710 P s . Current of Madras being the residue of the principal 
money of the before mentioned Bond, Together with such Interest after the rate of 
Eight f Cent ^ Annum, as now is or shall hereafter become due on the said Bond, 
until full payment is made and also the Costs of this Suit, the Complainant having 
made Oath to the truth of his Demand. 

'$ Cur 
Noah Casamajor 

Regr. 



22*. October 1745. 



To the Honourable The Mayors CouRr 
at Madraspatnam. 



Humbly Complaining sheweth unto this Honourable Court your Orator Nel- 
lapen Inhabitant of Madras that one Arralapen also Living and residing in this placw 
being in want of money applied to your Orator for the loan thereof upon which 
your Orator did advance and lend to the full and just Sum of 94 P s . Current of 
Madras to secure the Eepayment of the same with Interest thereon at the rate oi 
8 $ Cent ^ Annum he the said Arralapen did sign and Give unto your Orato* 
one Cadjan Note or Obligation bearing date the 18 th . day of June 1744 thereby 
Obliging himself to pay the Principal and Interest that might be due thereon the 
30 th . of March next ensuing the date of said Obliga Translate whereof is 
hereunto annext for the Inspection of this Honoble Court and which your Orator 
prays may be admitted as part of this your Orators Bill of Complaint and your 
Orator shews that he has often in the most ffriendly manner applied to the "said 
Aralappen to discharge his debt to your Orator But now so it is May it please this 
Honourable Court the said Aralappen refuses to give your Oror any manner of 
Satisfaction in the premises. To the End therefore that the said Aralappen may 
upon his Corporal Oath true and perfect Answer make to all and singular the matters 
and things aforesaid as fully and truly to all intents and purposes as if the same were 
here again repeated and Interrogated and be Decreed to pay your Orator the full 
Principal and Interest that may become due on the said obligation and that your 
Orator may have such further and other relief as shall be agreeable to Equity an& 



Good conscience. 



Eob t . Sloper 
Atty. for the CompP. 



1745_24 



3.86 Records of Fort St. George 

18 th . June 1744 Pondicherry. 

I Aralapen of Madras do hereby acknowledge to have borrowed and received 
of Nellapun Son of Tomapulla the sum of 94 P s . Current of Madras which sum I 
Promise to pay on the 30 th . of March next with Interest at Twelve if* Cent. 

Arralapen. 
Witness 

Chande Woodundee. 

Virlaapen. 

drawn by Eaguain of Pondicherry. 

Translated from a Cadjan said to be the Orig 1 . 

Joseph Githin 

Exam T . 

Mayors Court at 
Madraspatnam 

Tuesday the 29 day of Dec 1 '. Anno Domini 1745 Between 
Nellapen of Madras Inhabitant Complainant and Arralapen 
of the same place also Defendant. 
On hearing the Complainants Bill with Translate of a Cadjan Bond under the 
Defendants hand dated the 18 June 1744 for P s . 94 thereto annext read the Defend- 
ant appeared in Court and acknowledged the Execution of the before said Bond 
and the Justness of the Complainants demand and on due Consideration had this 
Court doth therefore think fit to order and Decree and doth accordingly order and 
Decree that the Defendant do pay unto the Complainant the full and just Sum of 
Ninety four Pagodas Current of Madras being the principal money of the before 
mentioned Bond together with such Interest after the rate of 8 f? Cent ^ Annum 
as now is or shall hereafter become due thereon until full payment is made and also 
the Costs of this Suit. 

$ Cur 
Noah Casamajor 

Reg*. 



5 th . March 1744. 

To The Honble The Mayors Court 
at Madraspatnam. 

Humbly Complcining sheweth to this Honourable Court your Oratrix Colun- 
diche widow residing in Madras, That Your Oratrix had formerly a demand upon 
Devoroy Modelare, and this Honoble Court Decreed your Oratrix the sum of 200 
and odd Pagodas, which your Oratrix accordingly received, but during the prose- 
cution of this Suit, one Choureapen a Mallabar Christain made your Oratrix an 
offer of his service to assist her through the Business of the Honble the Mayors 
Court, the same time Intimidating your Oratrix with a Number of Difficulties in 
recovery of the said money alledging he would Conduct your Oratrix through the 
same successively, but as a Consideration for the same your Oratrix must submit to 
give him Pa s . 40 and as Security for the same your Oratrix was forthwith desired 
to give a Bond for the same, your Oratrix being but an Ignorant Woman and a 
stranger to the Eelief she was Intitled to, consented to give the said Bond which is 
since paid but not taken up, and your Oratrix shews that in the Issue of the said 
Cause the said Chourapen received (to be Employed at Interest) 209 P s . the 
money so Decreed your Oratrix and for the same your Oratrix did demand a Bond 
but the said Chourapen did artfully Impose upon your Oratrix's Ignorance by pre- 
tending your Oratrix having Children they might be sometime or other induced to 
steal away the said Bond and make Demand of the money and therefore in Confi- 
dence of his friendship the said money would be safer without a Bond. Your 
Oratrix for a long time continued to receive the Interest of the said money, but at 
length the said Chourapen denies to be any longer indebted to your Oratrix on any 



Pleadings in the Mayor's Court, 1745 187 



Account but pretends he has paid the whole at times in the Interest received, and 
likewise adds the aforesaid Bond of 40 Pagodas, upon which your Oratrix applied 
to her Padrey the Rev d . Father Severin who ordered Seven Arbitrators to Examine 
and determine the Accounts they have accordingly adjusted the same on both sides 
and awarded your Oratrix a Ballance of P s , 92. 31. 40 which carrys Interest from 
-the date thereof which he refuses to pay or the principal, though the Arbitrators 
have given him Credit for the said 40 Pa s . which your Oratrix thinks a little too 
hard Unless the said Choureapan can make his Services appear to this Honourable 
Court a full and Valueable Consideration for the deducting of that Sum or other 
wise your Oratrix humbly conceives she hath a Title to Demand restitution of that 
sum, or such part thereof as to this Honourable Court shall seem reasonable and 
Just, as also your Oratrix's 40 Pagoda Bond may be delivered up to be Cancelled, 
and that your Oratrix may have such General Relief in the premisses as may be 
agreeable to Equity and Good Conscience Is the End of the Bill. 

Henry Deveil 
Attv. for the CompP. 

Translate of an Award made by the under written and 
directed to the Rev d . Padre Severene dated this 24 th . day of 
January Anno Domini 1745. 

To the Reverend Padre Severene. 

We the under written appointed by you to adjust the dispute between Choura- 

pen and Collundiche have Rev d . sir in pursuance to your Order exaied into the Ac- 
counts Bonds and Proofs on both sides and do find that Colundiche has received 
in part of his 209 Pag s . which he deposited in Chourapens Custody the sum of 
76. 4. 40 as also is Indebted to Chourapen on Bond in the sum of 40 Pagodas 
the whole Amounting to 116. 4. 40. We therefore have ordered and do award 
that Chourapen pay Colundiche the Ballance being 92. 31. 40. This is our 
Determination or Award. 

Signed 

Chaundeapen. 

Moodu. 

Quondapen. 

acharapen. 

Preasasums Mark. 

Choureapen 

Chovery Mootu. 

Translated from a paper Writing said to be the Original. 

Joseph Githin 

Exam r . 

9 th April 1745. The Answer of Chopurapan of Madras Merchant Defend- 

ant to the Bill of Complainant Collundiche of the same 
place Complainant. 

This Dependant now and at all times hereafter saving and reserving to him- 
self all and all manner of Benefit and advantage of Exception to the many Errors 
Incertainties Insufficiences and Untruths in the said Bill contained for Answer 
thereunto or unto so much thereof as this Defendant is advised materially concern- 
eth him this Defendant to answer unto he this Defendant Answereth and for Answer 
saith. 

That that part of the said Bill which Charges this Def*. with using Intimidat- 
ing Arguments to prevail on her to employ him in the Management of her affairs 
is intirely false, as is also that part of the said Bill that says this Replyant demanded 
40 Pagodas for his Trouble and that this Defendant had received that sum, so like- 
wise is that part of the Bill false that says this Defendant received Pagodas 209 to 
be employed at Interest, By what means this Defendant became employed in the 
Complainants affairs, on what account he received the 40 Pagodas and to what End 
the two hundred and nine Pag 3 , was lodged with this Defendant, with the manner 

1745— 24a 



188 Records of Fort St. George 

how that sum was disposed off will fully appear in the true state of this Defendants 
Case, which he presumes to lay before this Honourable Court in manner following 
Viz*. The Complainant being in want of money applied to this Defendant request- 
ing the loan of 40 Pagodas, this Defendant refused to lend her that sum without 
some dispute or Mortgage the Complainant say'd I have nothing to give for Secu- 
rity but the Bill of Sale of my House and a Bond of Deveroy Modelares those I will 
make over to you by a Mortgage Bond if you approve of that Security. This De- 
fendant accepted the Proposal lent the sum required, and received the premisses 
in Mortgage as will appear by a Translate of the said Mortgage Bond hereunto 
annexed bearing date the 22 d . day of September in the year 1733 numbred 2 to 
which this Defendant referrs as part of this his Answer, when the said Mortgaged 
premisses had remained with this Defendant about two years this Defendant de- 
manded payment of the money lent thereon, the Compl*. said she had no money to 
discharge the Mortgage then this Defendant told her he would sell her house and 
pay himself agreeable to the Tenour of the Mortgage Bond, but the Complainant 
by Tears and entreaties prevailed on this Defendant to desist from so doing and 
begged him to take in hand the management of the Suit she was going to Commence 
against Devoroy Moodelare on the Bond this Defendant had in Mortgage, and as 
soon as the money on the said Bond could be recovered this Defendant should be 
paid his full demand Principal and Interest, and also be satisfied for his Trouble in 
Management of the said Suit, if he would undertake it, this Defendant declined hav- 
ing any concern in the said suit unless the Compl*. would sign an Agreement to him 
before Padre Thomas, to which the Complainant agreed and accordingly signed an 
agreement whereby she empowered this Defendant as her Attorney to Act for her 
in the said suit against Devoroy Moodelare as will appear by a Translate of said 
Agreement hereunto annexed bearing date the 11 th . day of August in the year 1735 
Numbred 3 to which this Defendant referrs as part of his answer this Defendant 
being thus empowered made applycation to M r . fforbes, then an Attorney of this 
Honourable Court requesting him to take the said Suit in hand; upon which M r . 
Forbes demanded his Accustomary ffee ; to which demand this Defendant answered 
that his Client was a poor Woman, and could not advance him his Fee, but he would 
undertake to see him paid at the end of the Suit 40 Pag s . if he Succeeded and ob- 
tained a Judgment in ffavour of the Complainant. M r . fforbes relying upon this 
Defendants promise prosecuted the case at his own Expence, this Defendant from 
time to time attending of him to give him the necessary Instructions to proceed by 
during the space of two Years at the end of which time a Judgment was given in 
favour of the Compl*. for P s . 209 which sum by Virtue of the power invested in 
him by the Instrument N°. 3 this Defendant received some short time after this 
Transaction the Complainants sons being in want of 20 P s . applied to their mother 
for the loan, but she apprehending she should never be paid if she lent that sum 
pleaded inability but said to them there is my ffriend Chourapean can lend you 
that sum I will request him so to do accord^, she applied to this Defendant order- 
ing him to let her sons have 20 P s . of her money on giving this Defendant their 
Bond, but not to let them know the money belonged to her; accordingly on her 
sons Application to this Defendant, this Defendant lent them 20 P s . for which 
sum they gave their Bond as will appear by the Translate thereof Number four 
bearing date the 3 d . day of February in the year 1737/8 annexed, and referred to 
as a part of this Defendants Answer Nellamootain the Complainants youngest son 
being in want of a further sum of 3 Pa s . desired his Mother to procure it him and 
he would give security hereupon the Complainant ordered this Defendant to let 
him have that sum on giving security accordingly on Nellamootins Applycation this 
Defendant lent him Three Pagodas, and Nellamootain Deposited to secure Kepay- 
ment a Bill of Sale of a house which still remains with this Defendant who is ready 
to render the same to the Complainant to whom he has Tendred that and the 20 P*. 
Bond, but the Complainant always pretended to be so well satisfied with this Defend- 
ants Management that she waived taking them desiring they might remain with 
this Defendant as being safer than if she had them herself how the other part of 
the 209 Pagodas was disposed off and the Accounts Ballanced will fully appear by 
the following Account Current to which this Defendant referrs. 



Pleadings in the Mayor's Court, 1745 



189 



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190 Records of Fort St. George 



which Account Current this Defendant prays may be admitted as part of this Defen- 
dants Answer, every Transactions therein contained having passed the approbation, 
of the Complainant before it was transacted in the year 1742, when this Defendant 
had Cios'd the Complainants account as before set forth this Defendant desired the 
Complainant would take her sons Securities and give this Defendant a Release the 
Complainant desired her sons Securities might remain where they were, but say'd 
for this Defendants satisfaction she would sign a Eelease to him accordingly on the 
12 day of July in the year 1742 the Complainant gave this Defendant a Release or 
General discharge as will appear by a Translate thereof N°. 5 for the Inspection of 
this Honble Court hereunto annexed to which this Defendant referrs as a part of 
this his Answer in the foregoing recited posture things remained from July 1742 
till October in the year 1744 at which time the now Complainant without any Notice 
given to this Defendant being spirited on and Instigated thereto by some of the 
Enemies of this Defendant, makes Complaint to the Reverend Padre Severene that 
this Defendant had wrong'd her and desired him to do her Justice Padre Severene 
referred her to Padre Bernaud to whom she told her Tale, then this Def*. was sent 
for and Interrogated after hearing this Defendants request he advised both parties 
to have the matters in dispute referred to & decided by the Cast of Malabar Christiana 
to which this Defendant Consented and signed a penalty Bond to that End and purpose 
shortly after this Defendant heard the matter was going to be Decided by Seven 
people only of this, this Defendant Complained to the Padre and desired the whole 
Cast might determine it, as there was most Probability of an Impartial award from 
them the Padre asked this Defend*, if he had any Objection to any of the persons 
Chosen this Def*. then objected to the following 4 Viz*. Moodu, Cheandeapen, 
Quondapen and Choureapen, the Padre then dismissed this Defendant with a pro- 
mise that the affair should be referred to the whole Cast about this time this Defend- 
ant was afflicted with a Bloody Flux which Confined this Defendant to his house 
for some time where this Defendant remained in daily Expectation of being sent for 
to be Interrogated by the Arbitrators concerning this matter but this Defendant 
never heard a word about an award till he was summoned before this Honourable 
Court to answer the Complainants Bill, when by a Copy of the award this Defend- 
ant receiver from the Register he finds the said Award to be made by seven people 
only contrary to the Intent and meaning of this Def*. in his Penalty Bond and ffour 
of them 7 People Objected to by this Defendant against which award this Defend- 
ant doth protest as Illegal and what this Def*. is no way bound to abide by thus this 
Defendant hopes he has sufficiently answered the Bill of Complaint. 

All which matters and things this Defend*, is ready to averr maintain & prove 
and humbly prays to be hence dismissed with reasonable Costs in this behalf mosl? 
wrongfully Sustained. 

William Dumbleton 

Atty. for the Def*. 
22 September 1733 Madraspatnam. 

I Colundiche Cheogapaucum Colacoerons Wife do hereby acknowledge to 
have borrowed and received of Choureapan Moodelare son of Chaundeapah Moode- 
lare the sum of 40 Pagods Current of Madras for securing the repayment of which 
sum with Int. at 8 ^ Cent on third day of January next I Mortgage my house 
and the Bill of Sale together with Deverah Moodelares Bond and on default of such 
payment at the time above limitted the House is to be sold to discharge the Principal 
with the Interest then due thereon. 

Colacorrens Mark. 

Colttndiches Mark. 

Witness 

Obadashia Mootapernopella. 

"Chaundeapa Moodelare . 

Drawn by Molleapan. 

Translated from a Cadian said to be the Original. 

Joseph Githin Exam r 



Pleadings in the Mayor's Court, 1745 191 



Translate of an Agreement given by Colundiche to Choure- 
apan dated this 11 th . clay of August Anno Domini 1735. 
Whereas heretofore I Colundiche Mortgaged my house and the Bill of Sale 
thereof Together with Deverah Moodelare's Bond to Choureapan before Padre Tho- 
mas for 40 Pagodas Now I do hereby Give the said Choureapan full power to recover 
and receive the Contents of the said Bond of Deverah Moodelare and to repay him- 
self the said sum of 40 Pagodas with Interest that may be due thereon as also what 
Charges he may be at in recovering the same but what remains after he is fully 
satisfied he is to deliver to me. The above writting I am ready to acknowledge to 
be drawn by my approbation and direction before any one the said Choureapen 
shall require. 

Colaccorrens Mark. 
CoLUNDICHES Mark. 

Witness 

Obadashia Mootapernopella. 

Chaundeapa Moodelare. 
Drawn by Choureapen. 

Translated from a Cadjan said to be the Orig 1 . 
Joseph Githin Exam r . 

3 February 1737/8. 

We Molleapan and Nellamootain sons of Colaccorron do hereby acknowledge 
to have borrowed and received of Choureapan the sum of 20 Pagodas which sum 
we promise to pay on Demand with Interest at 12 $jJ Cent ;fJ Annum. 

Molleapan s Mark. 
Nellamootains Mark. 
Witness 

Padrue. 
Domingee. 

Drawn by Nanacorra Veeragua. 

Translated from a Cadjan said to be the Orig 1 . 
Joseph Githin Exam r . 

5 July 1742 Madraspatnam. 

I Colundiche Collacorons Wife do hereby discharge Choureapan of all Dues 
and Demands to the date hereof. 



Colundiche 's Mark. 



Witness 

Chundatree Moodelare. 
Nellatomby Moodelare, 



14 th . May 1745 



The Eepltcation of Collundiche Widow to the 
Answer of Choureapan of Madras Defendant. 

She This Repliant now and at all times hereafter savidg and reserving to her- 
self all and all manner of Benefit and advantage of Exception to the manifold Errors 
Incertainties and Insufficiencies of the said Answer for Eeplycation thereunto 



192 



Records of Fort St. George 



earth that all and singular the mres and things in this Eeplyants Bill Contained are 
true, as the same is therein alledged and that the answer of the said Defendant to 
the said Bill is Very untrue Imperfect and Insufficient to be replied unto and this 
Eeplyant also saith. 

That this Repliant is a poor Ignorant Woman and Intrusted the Defendant with 
the little all she had, this Eeplyant knows nothing of Accounts nor did the Defend- 
ant ever pass any Account in the year 1742 as he pretends with this Eeplyant, this 
Eeplyant was Indeed a long while before she could find any Body that would In- 
struct her where she must apply for Justice, the Defendant objects to the award 
fas he pretends) because the whole Cast was to have been the Judges, and not the 
seven persons appointed, to which we answer the Penalty Bond hereunto annext 
makes mention only that each party should abide by the Arbitrators the Eeverend 
Padrey should appoint, in the next place this Eeplyant humbly conceives that the 
whole Cast could not be got together upon any Occasion, and that seven persons 
may be thought as capable of Judging as 700 ; for in the Multiplicity of Voices arise 
Endless Cavils, As to the account produced by the Defendant he cannot support it, 
and this Eeplyant prays a better Explanation of such large Articles. However this 
Eeplyant will shew the Court how the Arbitrators Judged of the Def te . Account 
what they admitted and what they rejected Viz*. 



tfo. i. To Cash paid Mr 
















Forbes . . . . P s . 


40 


— 


— 


Allowed by Arbitrators P s . 


25 


— 


— 


2. To Do. in Charity 


6 


— 


— 


Allowed by D°. 


5 


— 


— 


6. To Do. paid himse 


40 


— 


— > 


Allowed 


40 


— 


— 


4. To D° paid D°. 


14 


— 


— 


Rejected by the Arbitrators 


— 


— 


— 


5. To Do. for the 
















Care of her Affairs. 


15 


— 


— 


Rejected by D°. 


— 


— 


— 


6. To Do. for Maleca- 
















pons bond 


20 


— 


— 


AHowcd 


20 


— 


— 


7. To Do. 


7 


^ 


— 


Allowed 


3 


— 


— 


8. To Do. said to be 








*■ 








Received 


72 


— 


— 


Allowed only 


23 


9 


— 










The Award is for 

[sic] Pag". ... 


92 


31 


40 


Pagodas . . . 


209 


— 


«■* 


209 


31 


40 



Upon Inquiry of the several Arbitrators, this was the way they made out their 
Award against the Defendants Account and tho' this Eeplyant neither sues for nor 
desires more then the Award yet she this Eeplyant by advice hath just Cause to 
Arraign the Judgment of the arbitrators, for even giving the Defendant what is 
allowed in the above account Because upon very good Inquiry the Defendant never 
supported or fairly made out any one Article before them, and this Eeplyant hopes 
the Equity of this Honourable Court will make the Defend*, open that Article N°. 1 
said to be give M r . fforbes, the decree being in this Eepliants favour, and all the 
Costs recovered of the other party what Title then had M r . Forbes to 40 Pagodas or 
what Authority had the Defendant to pay it. 

Another article N°. 3 of 40 Pagodas said to be paid himself on a Bond given 
by this Eeplyant this is the very article set forth and made part of the Complaint 
in the Eeplyants Bill where we acquaint this Honourable Court the Defendant first 
makes this Eepliant a Bond of 40 Pagodas and there pays himself that sum for 
Transacting her affairs in Court, ffor this Eepliant defys the Defendant to shew any 
other way that sum became his due and yet notwithstanding he charges N°. 5 for 
his Trouble 1-5 P s . which the Arbitrators rejected under a Belief he was not Intitled 
to that Sum as to all the other Articles this Eeplyant leaves it to the Consideration 
of this Honourable Court, but in the mean time humbly prays the Eeplyant may open 
every Article into particulars and support such particulars in the Issue of this Cause 
or that they may not be allowed him. 



Pleadings in the Mayor's Court, 1745 



19a 



And this Eepliant saith as in and by his said Bill she hath already said and will 
averr maintain and prove the same as this Honourable Court shall Direct and humbly 
prays as in and by his said Bill is already prayed. 

Henry Deveil 
Attorney for the Repliant. 

Translate of a Penalty Bond given before one 
of the Reverend Padre of the French Church 
dated this 20 th . day of October Anno Domini 
1744. 
Whereas We Colundiche and Choureapan had a dispute about a discharge 
drawn Between us by one Annapen and applied to Bernaud one of the Eev d . Padres 
of the French Church who appointed Arbitrators to determine the same We there- 
fore hereby oblige ourselves to stand by their Decision on penalty of forfeiting 60' 
P 8 . to the ffrench Church & 60 P s . to "the Honourable Company. This Obligation 
we here give in the presence of the said Padre Bernaud. 



Drawn by Choury Mootu. 

Translated from a Cadjan said to be the Orig 1 . 



Choureapan. 
Colundiche 's Mark. 



Joseph Githin 

Exam r . 



25 th . June 1745. 

The Rejoinder of Choureapan of Madras Defen- 
dant to the Repl n . of Collundiche of the same 
place Reply ant. 

The said Defendant now and at all times hereafter saving and reserving to him- 
self all and all manner of Benefit and advantage of Exception to the many Errors in 

the said Replyca. likewise to the Uncertainties and Insufficiencys thereof saith thai 
all and singular the matters and things in this Def te . Answer are certain true and 
sufficient in the Law to be replied unto And this Defendant further saith. 

That the Replyant begins with a plea of Ignorance in accounts in order as this 
Defendant conceives to render her own Act and Deed in the accounts she has passed 
to this Defendant, but this Defendant conceives as the Ignorance of a Law is no 
Excuse for a Breach of it, the Repliants Ignorance of Accounts shall not Invalidate 
her hand Writing in passing them (as to her being an Ignorant woman who Trusted 
her little all to the management of this Defendant) as he pleads to move compassion 
(this Def*. saith she hath had a Just Account of what she Entrusted to his Manage- 
ment in this Defendants Answer under Oath, and all that is therein specified to have 
been done by this Defendant in her affairs was done with her Approbation and Con- 
sent) This Defendant prays this Honourable Courts patience while he relates some 
passages relating to the discharge annext to this Defendants answer (of which dis- 
charge the Repliant pleads Ignorance) as follows Viz*. When the Reverend Padre 
Bernard at the Replyants request sent for this Defendant and recommended him to 
Arbitration for the Decision of the present dispute this Defendant prayed the said 
Reverend Padre to enquire into the validity of the said discharge, the said Reverend 
Padre asked this Def fc . of whom he must enquire upon which this Defendant told 
him the person who drew the said discharge and was present at the signing of it 
was a Christian Inhab*. of Pondicherry, and'if he would please to write to any Padre 
there he might easily be Informed of the Truth at this Defendants request the said 
Rev* 1 . Padre wrote to a Padre at Pondicherry concerning this affair who returned an 
Answer to the following Purport Viz*. I have had the man you pointed out to me, 
named Annapah, I swore him to make true answer to mv Questions, I then Inter- 
|* rogated him what he knew concerning the written Instrument vou mentioned to 
' me, he answered that being in Madras in the year 1742 he happned in Company 
1745—25 



j|.94 Records of Fort St. George 

fi with Choureapan and Collundiche they talked sometime about Accounts, and both 
' ' partys seemed in Harmony one with the other, and both requested him to draw a 
" Writing in nature of a Gen 1 . Release or discharge of all accounts to be given by 
" Collundiche to Choureapan he says he did so, and when he had so done, read it to 
' ' Collundiche and explained its Nature and Tendancy and then she signed it willingly 
■" in his presence and delivered it to Choureapan, this is all he knows." Now may 
•it please this Honourable Court this Letter is in the Possion of the said Reverend 
Padre Bernaud, which letter may be of service to this Defendants Cause, there- 
fore this Def*. prays this Hoiible Court will be pleased to request the said Rey d . 
Padre to lodge it in this Honble Court for this Defendant apprehends he shall not 
be able to get the aforesaid Annapah to Madras to Examine him, he being in employ 
aX Pondicherry, and this Defendant not in Circumstances to bear his Expences and 
pay for his loss of time and this Defendant further saith that this Defendant never 
.signed the Penalty Bond to abide by Arbitration now produced by the Complainant 
therefore this Defendant prays the said Penalty Bond may be produced and lodged 
.with the Reg r . of this Honourable Court and this Defendant hopes if the Complai- 
nant do not prove it to be signed by this Defendant this Def*. shall not be ffound to 
abide by the award made in consequence thereof What the Replyant urges as a 
reason for appointing seven Arbitrators only Viz*. That the Cast could not be got 
together is ffalse and absurd for this Defendant being a Malabar Christian his Cast 
are to be called together in two or three hours upon notice from their Padre that 
Business wants them, they not being Confined to time or place, as your Pagan Casts 
are, nay more they were all together when this Defendant signed the Penalty Bond 
to abide by their award, and therefore no person can Legally without Infringement 
of the known laws of this Defendant cast take upon them to appoint a Committee 
to decide any point in question that hath once been Recommended to the care of 
the whole Cast, for which reasons this Defendant doth protest against the award 
now produced and the proceedings of the makers thereof relating thereto, This 
Defendant is a little at a loss to know what the Replyant means by desiring this 
Defendant to open and Explain nay and prove every Article of his Account if she 
means explain how it was disposed of it is fully done in this Defendants Answer and 
therefore it is absurd to ask for the same thing again the Article N°. 3 of Forty 
Pagodas was money lent the Repliant for which she Mortgaged her House Bill of 
Sale & a Bond of Deveroys had the money not been lent what occasion was there 
for a Mortgage had it been for assisting the Repliant in recovering her money from 

Deveroy would not Possion of Deveroys Bond have been sufficient Security as the 
money was to Circulate through this Def ts . hands, certainly it would the 15 Pagodas 
rejected by the Arbitrators this Defendant had for his Trouble in this Repliants 
affairs the 14 P s . rejected by the Arbitrators this Defendant had for his Trouble in 
this Repliants affairs was Interest on the 40 lent the Replyant. Tis well worthy 
this Honourable Court notice the concise method the Repliants Arbitrators have 

taken to plunder this Defendant under three heads entred in the Replyca. in the 
ffollowing manner. 

4. To D°. paid D°. 14 rejected $ arbitrators. 

5. To D°. ffor the care of her affairs 15 rejected. 

8. To Do. said to be received 72 allowed only 23. 9. — . 

The reason this Defendant points out the foregoing Articles is, this Defendant 
never being asked one Question pro nor Con nor even Informed the time of the 
Arbitrators meetings, Whereas its usual in all Arbitrators to Enquire of the parties 
t;oncerned how they support their Accounts. 

All which matters and things this Defendant is ready to Averr Maintain and 
prove and humbly prays as in and by his answer he was already prayed. 

William Dumbleton 

r Atty. -for the Defendant. 



Pleadings in the Mayor's Court, 1745 196. 



Interrogatories to be Administred to such 
Witnesses as shall be Produced Sworn and Exa- 
mined on the part of the Complain*, in a certain 
Cause wherein Collandiche of ffort Saint George 
widow is Complainant and Choureapan of the 
said place Merchant is Defendant. 

Imprimis do you know the parties Complainant and Def*. in this Cause or 
either and which of them and how long have you known them or either and which. 
-of them Declare. 

2 d . To Mootaupernah Allias Francisco Item do you know of any Bond 
given by the now Complainant to the Defendant. If yea why and for what was 
that Bond given for what sum was it stipulated and what Cons 11 , was paid or received 
be Exchanged for that Bond say all you know can be of Service to the Complainant 
in this Cause Declare. 

3 d . To Chundeapen, Moodo Naigue, Atcherapah, Chouremoota and Conda- 
pah, Item Do you know the Cadjan now shewn you at the time of vour Examina- 
tion marked HD N°. 1. what does it contain, who signed that Cadjan, was it signed 
willingly or against the parties Consent and what was the parties so signing to per- 
form did either party so signing produce any accounts and who produced them and 
what was your Opinion of those Accounts and your reason for that opinion was any, 
accounts supported by Proofs what Articles in these Accounts did you admitt and 
which did you object to and your Reasons for so doing. 

Do you know this Paper Writing now shewn you at the time of your Exam 11 , 
marked HD what is the Contents thereof is your Name signed thereto what sum is 
awarded and to whom which of the two parties made the ffirst Complaint to the 
Padre do you rember any Articles in the Def ts . Acc te . that Charges 40 P s . said to 
be given to David Forbeess if yea how was that article proved or made clear to the 
Arbitrators what part of that sum was allowed by the Defendant and why was it 
allowed set forth your opinion at large of the Defendants Accounts in Gen 1 , and 
wherein they appeared to you right or wrong Declare. 

Henry Deveil 
Attorney for the CompP. 

Mayors Court at 

Madraspatnam. 

Between Colundiche Complainant and Choureapan Defend- 
ant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Mootaurpernah alias Francisco of Madras Padre aged 60 years or there- 
abouts being produced as a Witness in this Cause on the part of the Complainant 
was on the 3 day of July 1745 shewn at the Office of M r . W m . Dumbleton, Attorney 
for the Defendant by Connecapa who left a Note of the Name Title and place of 
abode of the said Mootaurpernah and afterwards on the same day being sworn 
and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 8 years and the Defendant 20 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows a Bond was 
given by the Complainant to the Defendant for his Trouble in recovering the sum 
of 120 P s . of Devoroy Moodelare which he owed the Complainant and more saith 
not to this or the last Interry. 

Mootapernah. 
Joseph Githin 

Exam r . 
1745—25 a 



196 Records of Fort St. George 



Chandeapan of Madras Conicoply to the French Church aged 34 years or 
thereabouts being produced as a Witness in this Cause on the part of the Com- 
plainant and afterwards being sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Compl*. 
8 years & the Def*. 20 years or thereabouts. 

3 d . To the third Interry this Deponent saith That he knows the Cadjan now 
produced and shewn him marked HD N°. 1. That it is a Penalty Bond given by the 
Complainant and Defendant to the Arbitrators of which this Deponent was one 
that the partys signed the Bond willingly and thereby obliged themselves to stand 
to the decision of the Arbitrators he further saith that the Defendant produced 
Accounts which the arbitrators suspected to be false because they were then 
drawn and the Original Accounts Cancelled as also the date of one year was Lathery 
omitted that part of those accounts were supported by Proofs which were admitted 
yiz*. In the article of Sundry payments to the Complainant amounting to 93 P s . 
only 23 was allowed which the Complainant acknowledged the rest not being proved 
was deducted. In the article of 40 P £ . said to be made a present of to David Forbuss 
25 P s . only was admitted because Mootaupernan declared he had heard the 
Defendant had given no more than 20 P s . to David Forbuss and 5 to his Dubash, 

5 P s . given for Charity 23 P s . paid to the Complts son & Daughter and a Note for 
'A0 P s . for the Def ts . Trouble were admitted. But Interest on the said Note amount- 
ing to 19 P s . was objected to, The Arbitrators not thinking it reasonable as it was 
a present to the Def*. The amount of what was admitted is 116 P s . and one Eight 
That a discharge produced by the Defendant was likewise set aside because the 
persons whose names were signed as Witnesses declared they had no Knowledge 
thereof as also the person that drew the discharge named Annapan at Pontecherry 
mentioned several things in his answer to the Arbitrators Concerning the same 
which proved to be ffalse. This Deponent ffurther saith that the paper Writing now 
shewn him marked HD N°. 4 contains the Arbitrators award signed by this Depo- 
nent being one of them, wherein they have awarded that the Defendant do pay the 
Complainant the sum of 92 Pagodas and -g- ths . due to her on Ballance of accounts 
That the Complainant made the first Complaint to their Padry and more saith not 

to this or the last Interry. To the last saith that the Complainant afterwards on 
the Defendants refusing to pay the above sum Petitioned the Worshipful Sidney 
Foxall Esq r . Mayor about it who advised the Defendant to make it up That the Def*. 
then promised to pay the Complainant at one Pag : !<jjJ month and more saith not. 

Chandeapen. 
Joseph Githin 

Exam r . 

Moodu Naigue of Madras Merchant aged 45 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as ffollows. 

1 st . To the ffirst Interry this Depon*. saith that he hath known the Com- 
plain*, two years and the Defendant 20 years or thereabouts. 

3 d . To the third Interry this Deponent saith that the Cadjan now shewn him 
marked HD N°. 1 is a Penalty Bond given by the Complainant and Defendant to 
this Dep*. and the rest of the Arbitrators appointed to adjust the dispute Between 
them That the parties signed the Bond Willingly and thereby obliged themselves 

to stand to their determina. He further saith that the Def*. produced Acco* 8 . 
which the Arbitrators deemed Erroneous because they were then drawn and the 

Orig 1 . Accounts Cancelled. That one or two of the Arcles were supported by 
Proofs and some allowed by the Compl*. which were admitted, the parlars are as 
follows. The Amount of 23 P s . received by the Compl*. the sum of 25 P s . a present 
to the Compl* 3 Attorney, 5 P s . given for Charity A note of 40 P s . for the Def* 8 . 



Pleadings in the Mayor's Court, 1745 197 



[Trouble and 23 P s . paid to the Complts relations the whole amounting to 116 P s . 
■ & one 8 th . The rest of the Arcles were objected to not being proved as also a dis- 
charge the Def*. produced was set aside because the persons whose names were 
signed as Witnesses to it declared they had no Knowledge thereof and likewise the 
person that drew the Discharge named Annapan residing at Pondicherry mentioned 
several things in his Answer to the Arbitrators concerning the same which proved 
to be ffalse. This Deponent fur 1 ', saith that the paper Writing now produced and 
shewn him marked HD. N°. 4 is an Award signed by this Deponent that the sum 
of 92 P s . and f ths . is awarded to the Complainant who made the ffirst Complaint 
to the Padrey That there was an Article of 35 P s . said to be made a present of to 
David Forbuss and ffive P s . to his Dubash in the Defendants Accounts but 25 P s . 
only was allowed because one Mootaupernam say'd the Defendant had confessed 
to him that he had offered but 20 P s . to the said Attorney and the Complainant 
declared the Def*. had acknowledged to her that he had given no more then 25 P s . 
and more saith not to this or the last Interrogatory. 

Paupia Moodu 

Joseph Githtn 

Exam r , 



Atcherapa of Madras Head Boat Man aged 30 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Depon*. saith that he hath known the Compl*. 
two years and the Defendant 6 years or thereabouts. 

3 d . To the 3 d . Interry this Deponent saith that the Cadjan now shewn him 
marked HD. N°. 1 is a Penalty Bond given by the Complainant and the Def*. to 
the Arbitrators appointed to adjust the dispute between them that the partys signed 
the Bond willingly and thereby obliged themselves to stand to the Arbitrators award 
he further saith that the Defendant produced accounts which the Arbitrators sus- 
pected to be ffalse because they are fresh drawn and the Original accounts 
Cancelled That one or two of the Articles were supported by Proofs and some were 
allowed by the Complainant which were admitted. The particulars are as follows 

The amount of 23 P s . reced by the Complainant the sum of 25 P s . said to be a 
present to the Complainants Attorney 5 P s . as given for Charity a Note of 40 P s . 
a present for the Def te . trouble in managing her affairs & 23 P s . paid to the 

Complts rel 113 . the whole amounts, to 116 P s . and one Eighth the rest of the Arcles 
were objected to not being proved as also a discharge the Defendant produced was 
set aside because the persons whose names were signed as Witnesses to it declared 
they had no knowledge and likewise the person that drew the discharge named 
Annapen at Pondicherry ment d . sev 1 . things in his Answer to the Arbitrators con- 
cerning the same which proved to be ffalse. This Deponent fur r . saith that the 
Paper Writing now produced and shewn him marked HD. N°. 4 in an award 
signed by this Deponent That the sum of 92 P s . and f ths . is awarded to the Com- 
plainant who made the first Complaint to their Padrey That there was an article of 
35 Pag s . said to be made a present of to David Forbuss and 5 P s . to his Dubash in 
the Defendants accounts but 25 P s . only was allowed because one Mootapernauh 
declared he had heard the Defendant had given no more than 25 P s . and more 
saith not to this or the last Interry. 

Atcherapa. 

Joseph Githin 

Exam r . 



198 Records of Fort St. George 



Choveremootu of Madras Butterman aged 38 years or thereabouts being, 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith That he hath known the 
Complainant two years and the Defendant Six years or thereabouts. 

3 d . To the third Interry this Deponent saith That the Cadjan now shewn him 
marked HD. N°. 1 is a Penalty Bond given by the Compl*. and Defendant to the 
Arbitrators appointed to adjust the difference between them that the parties signed 
the Bond Willingly and thereby obliged themselves to submit to the Judgment of 
the Arbitrators. He ffurther saith that the Defendant produced accounts which 
the Arbitrators deemed Erroneous because they were ffresh drawn and the old 
Accounts cancelled That some of the Articles were supported by Proofs and 
severally allowed by the Complainant. The Articles admitted are 23 P s . recedby 
the Complainant 25 P s . said to be made a present to the Pits Attorney M r . Forbes 
5 P 3 . given for Charity a Note of 40 P s . a present to the Def*. and 23 P s . paid to 
the Complts son and Daur the whole amounting to 116 P s . and one Eighth, The 
rest of the Articles were objected to not being proved as also a discharge the 
Defendant produced was set aside because the persons whose names were signed 
thereto as Witnesses declared they had no Knowledge thereof and likewise the 
person that drew the discharge named Annapan at Pondicherry declared sev 1 . things 
in his Letter to the Arbitrators Concerning the same which proved to be ffalse.; 
This Deponent ffurther saith that the paper writing now produced and shewn him 
marked HD N°. 4 is an award signed by this Deponent that the sum of 92 P s . and 
| ths . is awarded to the Complainant who made the ffirst Complaint to their Padrey 
That there was an Article of 40 P s . said to be made a present of to David Forbes 
and his Dubash in the Defendants Account but 25 P s . only was allowed because 
one Moortaupernah declared he heard the Defendant had Given no more than 

25 P s . and more saith not to this or the last Interry. 

Choueemoote. 

Joseph Githin 

Exam r . 

Quondapa of Madras Merchant aged 40 years or thereabouts being produced, 
as a Witness in this Cause on the part of the Complainant and afterwards being 
Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Dep*. saith that he hath Known the Comp : 
ffive months & the Defendant he hath known 12 years or thereabouts. 

3 d . To the third Interry this Deponent saith that the Cadjan now shewn' 
him marked HD. N°. 4 is a Penalty Bond given by the Complainant and Defendant 
to the Arbitrators appointed to adjust the dispute Between them, That the parties- 
signed the Bond willingly and thereby Obliged themselves to the Judgment of the 
Arbitrators He ffurther saith that the Defendant produced accounts which the 
Arbitrators suspected to be ffalse Because they were fresh drawn and the Original 
Accounts Cancelled that some of the Articles were supported by Proofs and several 
allowed by the Complainant. The Arcles admitted are as follows 23 P 8 . reced by 
the Complainant 25 Pag s . presented to David Forbes, 5 P s . given for Charity A\ 
Note of 40 Pag 8 , a present to the Defendant and 23 P s . paid to the Compl 18 .. 
Relations the whole amounting to 116 P s . % The rest of the articles were objected 
to not being proved as also a discharge the Def*. produced was set aside because 
the persons whose names were signed thereto as Witnesses declared they had no 
knowledge thereof and likewise the person that drew the Bond named Annapen 
at Pondicherry declared sev 1 . things in his Letter to the Arbitrators concerning 
the same which proved to be false. This Deponent further saith that the paper 
Writing now shewn him marked HD. N°. 4 is an award signed by this Deponent) 
that the sum of 92 P s . and seven eights is awarded to the Complainant who made 



Pleadings in the Mayor's Court, 1745 199 

the first Complaint to their Padrey that there was an Article of 40 P s . said to be 
jnade a present of to David Forbes and his Dubash in the Def ts . Accounts but 25 
Pa s . only was allowed because one Mcotaupernah declared he heard the Defendant 
had given no more than 25 P s . and more saith not to this or the last Interry. 

Quondapen. 
Joseph Githin 

Exam r . 

Additional Interrogatorys to be administred 
to such Witnesses as shall be produced sworn 
and Examined on Behalf of the Complainant 
in a certain Cause wherein one Collindiche of 
Fort S*. George Widow is Complainant and 
one Choureapan of said place Merchant is 
Defendant. 

Imprimis do you know the parties Complainant and Defendant in this Cause 
• or either and which of them and how long have you known them or either and 
which of them Declare. 

2 d . To Veerapermaul Item was you or was you not Dubash formerly to 
'David Forbes deceased if yea say if you remember any present made by or on 
behalf of the present Complainant if yea say what Sum was it as near as you can 
remember that was so given Declare. 

3 d . To James Calvineer Item Did the now Defendant ever apply to you 
lo Mitigate any matter or dispute if yea say what offers did he make towards 
Accomodating any Dispute say all you heard pass or spoken that any ways relates 
~to the present dispute Declare. 

Henry Deveil 
Attv. for the Complain*. 

Mayors Court at 

Madraspatnam. 

Between Colundiche ... Complainant 

& Choureapan ... Defendant. 

Depositions of Witness in this Cause taken by and before the Examiner in 
•this Court as follows. 

Permaul of Madras Dubash aged 28 years or thereabouts being produced 
as a Witness in this Cause on the part of the Complainant was on the 3 d . day of 
July 1745 shewn at the office of M r . William Dumbleton Attorney for the Defend- 
ant by Connecapa who left a Note of the name Title and place of abode of the 
said Permaul and afterwards on the same day being Sworn and Examined Deposeth 
as follows. 

1 st . To the first Interry this Deponent saith that he knows the parties Com- 
plainant and Defendant and hath so known them 12 years or thereab te . 

Second. To the second Interry this Deponent saith that he was Dubash to 

David Forbes in his life time That his said Master was Attorney on behalf of the 

-Complainant against Devoroah Moodelare he further saith that he remembers the 

Complainant and Defendant did make a present of 25 P s . to his said Master and 

'5 P 8 . to this Deponent and more saith not to this or the last Interry. 

Permaul. 
Joseph Githin •- ? 

Exam r . 



200 Records of Fort St. George 



James Calvineer of Madras Companys Servant aged 40 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant and 
afterwards being sworn and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Deponent saith that he hath known the Com- 
plainant 7 years and the Defendant one year or thereabouts. 

3 d . To the third Interry this Deponent saith that the Defendant did apply 
to him to Mitigate the payment of a sum awarded by the Arbitrators to the Com- 
plainant requesting that he might pay it off at one Pagoda ^ m°. and more saith 

not to this or the last Interry. 

James Calvineee. 

Joseph Githin 

Exam r . 

Additional Interrogators to be administred 

to such Witnesses as shall be produced sworn 

and Examined in a certain Cause wherein one 

Colundiche of Fort S*. George Widow is 

Complain*, and one Choureapan of the said 

place Merchant Defendant. 

Imprimis do you know the parties Complainant and Defendants In this Cause 

or either and which of them and how long have you known them or either and which 

of them Declare. 

2 d . To Pregasum Moodelare & Choureapan Moodelare Item do you 
know the paper Writing shewn you at the time of your Examination mark'd HD 
if yea, who signed it, and what is the contents thereof do you know this Oadjan 
now shewn vou also marked HD do you know the contents of it set forth all that 
hath passed at any time in your Hearing about the present Cause in dispute 
betwixt the plaintiff and Defendant Declare. 

Henry Deveil 

Attorney for the Complainant. 

Mayors Court at 
Madraspatnam. 

Between Colundiche Complainant and Chou- 

reapen Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Pregasum Modelare of Madras Head Boatman aged 40 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant and was 
on the 31 st . day of July 1745 shewn at the office of M r . W m . Dumbleton Attorney 
for the Defendant by Connecapa who left a Note of the name Title and place of 
abode of the said Pregasum Moodelare and afterwards on the same day being 
Sworn and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Deponent saith that he hath known the Com- 
plainant one year and the Defendant 5 years or thereabouts. 

2 d . To the second Interry this Deponent saith that the Paper Writing now 
shewn him at this his Examination marked HD N°. 4 is an award signed by this De- 
ponent and the rest of the Arbitrators appointed to determine the dispute between 
the parties and that the sum of 92 Pagodas and f tlls . is awarded to the Complainant. 
He further saith that he remembers a Penalty Bond was given by the parties to 
oblige themselves to stand to the Judgment of the Arbitrators but being Incapable 
of Letters he cannot be certain whether or no the Cadjan now shewn and read to him 
marked HD N°. 1 is the same and more saith not to this or the last Interry. 

The mark of Pregasum. 
Joseph Githin 

Exam r . 



Pleadings in the Mayor's Court, 1745 201 

Choureapah Moodelare of Madras Boatman aged 40 years or thereabouts be- 
ing produced as a Witness in this Cause on the part of the Comp : and afterward* 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant one year and the Defendant 20 years or thereabouts. 

2 d . To the second Interry this Deponent saith that the paper Writing now 
produced and shewn him marked HD N°. 4 is an award signed by this Deponent and 
the rest of the Arbitrators appointed to determine the dispute between the partya 
and that the sum of 92 Pagodas seven eights is therein awarded to the Complainant. 
He further saith that the Cadjan now shewn him marked HD N°. 1 contains a Penal- 
ty Bond given by the parties to the Arbitrators whereby they oblige themselves to 
stand to their Determination and more saith not to this or the last Interrogatory. 

Choureapen. 
Joseph Githin 

Exam r . 

Interrogatories to be administred to such Wit- 
nesses as shall be produced Sworn and Examined 
on the part and Behalf of the Defendant in a 
certain Cause wherein one Collundiche is Com- 
plainant and one Choureapan is Defendant. 

To all the Witnesses Imprimis Do you know the parties Complainant and 
Defendant or either of them if yea how long have you so known them or either and 
which of them Declare. 

2 d . To Padre Barnard Item Do you know the Cadjan marked N.C. Beg r . 
now shewn you if yea say by what means you came to know it did you ever receive a 
Letter from Pondicherry relating thereto if yea say what the Contents of that Letter 
was also say what you know relating to the dispute Between the Complainant and 
Defendant also say if the contents of this Cajan was sworn to in the usual form by 
the person who signed it Declare. 

3 d . To Nagapatam Choureapan Do you know the Cadjan now shewn you 
marked thus + if yea who was it wrote and signed by on what account was it wrote 
was it read in your hearing if yea to what end and to whom was it read, and by whom 
was it read Declare. 

4 th . To all the witnesses Do you know the parties &c or any thing mate- 
rial for the Defendant If yea set forth the same Declare. 

William Dumbleton 
'Attv. for the Defendant. 

Mayors Court at 
Madraspatnam. 

Between Colundiche Complainant and 

Choureapan Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

The Rev d . Padre Barnard of Madras aged 41 years or thereabouts bein£ pro- 
duced as a Witness in this Cause on the part of the Defend*, was on the 1 st . day of 
August 1745 shewn at the Office of M r . Henry Deveil Attorney for the Complainant 
by Connecapa who left a Note of the name Title and place of abode of the said Padre 
Barnard and afterwards on the same day being Sworn and Examined Deposeth as 
follows. 

1 st . To the first Interry this Deponent saith that he hath known the Compl*. 
one year and the Defendant 9 years or thereabouts. 

1745—26 



202 Records oj Fort St. George 



2 d . To the second Interry this Deponent saith that he remembers the arbi- 
trators appointed to adjust the dispute between the parties brought the Cadjans now 
shewn him marked N.C. Peg 1- , to this Deponent and acquainted him that they had 
received them from Pondicherry but hath no further knowledge of them that he did 
receive a Letter from a Padrey at Pondicherry signifying that he had Examined the 
person directed, having sworn him first in the usual fform but no mention was made 
therein of ought relating to the above Cadj n . This Deponent further saith that 
the Complainant applied to him about money the Defendant owed her Whereon 
this Deponent sent for the Defendant and questioned him about it, but the Defendant 
absolutely denied that he owed her any thereon this Deponent in order to search 
out the Truth nominated ffour or ffive of their Cast to Examine their Accounts but 
the Defendant disapproving of them chose persons of himself. This Dep*. knows 
not Whether or no the above Cadjans were sworn to in the usual Form by the persons 
that signed them or can further say to this or the last Interrogatory. 

Joseph Githin 

Exam r . F. Barnado Cap. M. Apos. 

Nagapatam Choureapan of Madras Painter aged 45 years or thereabouts be- 
ing produced as a Witness in this Cause on the part of the Defendant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Compl fc . 
10 years and the Defendant 20 years or thereabouts. 

3 d . To the third Interry this Deponent saith that the Cadjan now shewn him 
at this his Examination marked I G : + Contains a Discharge given by the Com- 
plainant to the Defendant in this Deponents presence That it was wrote by one 
Annapen and signed by the Complainant after it was read to her in this Deponents 
hearing by the said Annapen and more saith not to this or the last Interry. 

Joseph Gitjin 

Exam 1 '. Choureapan. 



Mayors Court at 
Madraspatnam. 

Tuesday the 29 th . day of October Anno Domini 1745 
Between Colundiche of Madras Widow Complainant and 
Choureapan of the same place Merchant Defendant. 
This cause coming on this day to be heard and debated before this Court in 
the presence of the Defendant and of the Attorneys on both sides on hearing the 
Complainants Bill with Translate of an Award Dated the 24 th . January 1745 there- 
to annext the Defendants Answer with four Translates N°. 2 to 5 thereto annext 
The Eeplycation with Translate of a Penalty Bond between the parties dated the 
20 October 1744 thereto annext the Rejoinder also the proofs taken in this Cause 
read and on Examination of the matters in this Cause what was alledged on either 
side and due Consideration had thereon This Court doth therefore think fit to order 
and Decree and doth accordingly order and decree that the Defendant do pay unto 
the Complain*, the full sum of 132. 31. 40 together with such Interest from the 
24 th . Janry. 1744/5 being the date of the before ment d . award after the rate of 8 
^ Cent f? Annum as now is or shall here after become due thereon until full pay- 
ment is made and also the Costs of this Suit and also that the Cadjans ment d . in the 
pleadings in this Cause be delivered up to be Cancelled on either side. 

f Cur 

Noah Casamajor 

Reg*. 



Pleadings in the Mayor's Court, 1745 203 



22 October 1745. 



To the Honourable The Mayors Court 

AT MADRASPATNAM. 



Humbly Complaining sheweth unto this Honourable Court your Orator Arna- 
chelum adopted son and Heir to Cundapah Chitty deced who in his life time resided 
in this place and during which, being applied to by one Vellasha Chitty Merchant 
Inhabitant of Madras for the loan of money as his Occasions required at two several 
times to both which your Orators said ffather by adoption did advance and lend 
to the said Vellasha Chitty Viz*, on the 14 th . day of ffebruary 1741/2 the sum of 
P s . 150 and likewise on the 30 th . of April 1742 the sum of 50 P s . Current of Madras, 
& as an acknowledgment of which and security for the repayment thereof with In- 
terest at the rate of 9 ^ Cent he the said Vellasha Chitty did sign and give to the 
said Cundapah your adopted ffather two notes or obligations under his hand, of the 
dates and for the sums before recited Translates of which are hereunto annexed for 
the Inspection of this Honourable Court, and your orator prays the same may be ad- 
mitted as part of this your orators Bill of Complaint and your Orator shews that 
there has been paid in part of said obligations at sundry times Viz*. 

1743/4 Pebry 13«i. paid in part Ps. 75 — — 

20*h. ditto 25 — — 

ditto 6 6 60 



Ps. 106 6 60 



So that there remains due on the principals P s . 93. 29. 20 together with the Interest 
that may on a fair Statement appear due thereon which your orator has often in 
the most ffriendly manner applied to the said Vallasha Chitty to pay as being adopted 
son and Heir to Cundapah Chitty. But now so it is may it please this Honourable 
Court the said Vellasha Chitty refuses to give your Orator any manner of satisfac- 
tion in the premisses To the End therefore that the said Vellasha Chitty may upon 
his Corporal Oath true and perfect answer make to all and singular the matters and 
things aforesaid as fully truly and to all intents and purposses as if the same were here 
again repeated and Interrogated and be Decreed to pay your Orator the Principal 
and Interest that on a fair Adjustment may appear due on the said Obligations and 
that your orator may have such further and other Eelief as shall appear agreeable 
to Equity and good Conscience. 

Rob*. Slopeb 
Attorney for the Complainant. 



14 th February 1741/2. 

I Vallasha Chitty son of Collah Veeragua Chitty do hereby acknowledge to 
have borrowed and received of Cundapah Chitty son of Mila Norraina Chitty the 
sum of 150 P s . Current of Madras which sum I promise to pay on demand with 
Interest at Nine f Cent. 

Vallasha Chitty 
Witness 

Normaccor Chitty. 
Pamotoo Irsapah Chitty. 

drawn by Trevengadum. 
Translated from a Cadjan said to be the Original. 

Joseph Grew" 

Exam 1 
174/!— 2f> A 



^04 Records of Fort St. George 



30 th . April 1742. Madraspatnam. 

I Vallasha Chitty son of Coolah Veeragua Chitty do hereby acknowledge to 
have Borrowed and received of Cundapah Chitty son of Mila Norraina Chitty the mim 
of 50 P s . Current of Madras which sum I Promise to pay on demand with Interest 
at Nine $ Cent. 

Vallasa. 
.Witness 

Sundavaucum Normacoor Chitty. 
Paramboo Tummootah Nina Chitty. 
•drawn by Trevengadum. 

Translated from a Cadjan said to be the Orig 1 . 

Joseph Githin 

Exarrf. 

Mayors Court at 
Madraspatnam. 

Tuesday the 29 th . day of October Anno Domini 1745 Be- 
tween Arnachilum Adopted son and Heir to Cundapah 
Chitty deceased of Madras Merchant Complainant and Val- 
lasha Chitty of the same place also Merchant Defendant. 
On hearing the Complainants Bill with Translates of two Cadjan Bonds under 
the Defendants hand one dated the 14 th . ffebry 1741/2 for P s . 150 the other dated 
30 th . April 1742 for P s . 50 thereto annext read, the Defendant appeared in Court 
and acknowledged the Execution of the said Bonds and the Justness of the Com- 
plainants demand and on due Consideration had this Court doth therefore think fit 
to order and Decree and doth accordingly order and decree that the Defendant do 
pay unto the Complain*, the ffull and just Sum of 93. 29. 20 being the residue 
of the Principal Money appearing to be due on the before ment d . Bonds together 
with such Interest from the dates thereof after the Rate of 8 ^ Cent 'fJ Annum as 
now is or shall hereafter become due thereon until full payment is made and also 
the Costs of this suit. 

:$ Cur 

Noah Casamajor 

Regr. 



29 October 1745. 

to the honble the mayors court 

at Madraspatnam. 

Humbly Complaining sheweth unto this Honourable Court your Orator Van- 
catachelum, son of Maudera Vassell Vancotapathe Naigue Merchant and Inhabitant 
of Madras having had sundry dealings with one Gunnapattee son of Yeagapah 
Moodelare also Merchant of the place aforesaid the said Gunnapattee purchased of 
your Orator three pieces of Serge amounting to 35 Pagodas Current money of 

s 

Madras which in Sterling money of Great Britain accounting each Pagoda 8 
amounts to 14£ or thereabouts but the said Gunnapatee not having ready money 
to pay for the said purchase did make sign and Give unto your Orator one Bond or 
Writing Obligatory for that sum bearing date in Madraspatnam the 5 th . day of 
March which was in the year of our Lord 1745 therein & thereby binding himself 
to pay the same on demand Translate of which Bond is for this Honourable Courts 
Inspection hereunto annexed to which your Orator most humbly referrs and prays 
the same may be admitted as part of this your Orators Bill of Complaint the Original 
being in your Orators Custody readv to be produced as this Honourable Court shall 



Pleadings in the Mayor's Court, 1745 205 

please to direct and your orator further shews unto this Honble Court that your 
Orator hath received ffive P s . in part of the said debt and hath often and that in the 
most Amicable manner demanded payment of the residue. 

But now so it is may it please this Honourable Court the said Gunnapattee wil- 
fully and obstinately refuses to Give your orator any manner of Satisfaction your 
orator therefore prays such General Relief touching the premisses as to this Honble 
Court shall appear agreeable to Equity and Good Conscience Is the End of the Bill. 

William Dumbleton 
Attv. jor the Compl*. 



5 th . March 1745, Madraspatnam. 

I Gunnaputtee son of Yeagapah Moodelare do hereby acknowledge to have 
taken up and received of Vencatachelum son of Maudera Vassell Vencatopatbe 
Naigue ffour pieces of ffine Serge value Thirty ffive Pagodas and thirty ffive ffanams 
which sum I promise to pay on demand with Interest at Eight 13 Cent. 

drawn and signed by 

Gannaputtee. 

Witness 

Tilla Chitty. 

Pereatomby. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 

Mayors Court at 
Madraspatnam. 

Tuesday the 5 th . day of November Anno Domini 1745 
Between Vencatachelum of Madras Merchant Complainant 
and Gunnaputtee of the same place also Merchant Defen- 
dant. 

On reading the Complainants Bill with Translate of a Cadjan Bond under the 
Defendants hand dated the 5 th . March 1745 for P s . 35. 35 f s . thereto annext 
The Defendant appeared in Court and acknowledged the Execution of the said Bond 
and the Justness of the Complainants Demand This Court doth therefore on due 
Consideration had think fit to order and Decree and doth accordingly order & Decree 

P s . ff s . 
that the Defendant do pay unto the Complainant the full & Just sum of 35. 35. 
Current of Madras being the residue of the Principal money appearing to be due on 
the before said Bond together with such Bond after the rate of 8 ! $ Cent '$ Annum 
aj5 now is or shall hereafter become due thereon until full paym*. is made and also 
the Costs of this suit. 

,$ Cur 

Noah Casamajor 

Reg r . 

22 d October 1745. 

To the Honble The Mayors Court 

at Madraspatnam. 
Humbly Complaining sheweth unto this Honourable Court your Orator Tre- 
vengalum Comrapah Merchant and Inhabitant of Madras Executor or Trustee to the 
Estate of Moota Ninah Chitty also Merchant of this place but now deceased who in 
his life time was applied to by one Nellamooteama Relict of Vallaboo Chitty and 
Inhabitant of Madras for the Loan of a sum of money at whose request the said 



206 Records of Fort St. George 



Mootu Nina Chitty did advance and lend to the said Nellamooteama the full and just 
sum of 207 P s . Current of Madras for securing the Repayment thereof she the said 
Nellamooteama Did Mortgage and Assign over to the said Mootu Ninah Chitty her 
Dwelling house situate in the Moottalla Petta by a Bill of Sale thereof by a Cadjan 
Note in Writing under her hand bearing date in Madras the 1 st . of January 1744/5 
Translate of the same being hereunto annexed for the Inspection of this Honourable 
Court and to which your Orator most humbly referrs praying the same may be ad- 
mitted as part of this your Orators Bill of Complaint and your Orator shews that 
he has frequently as Executor or Trustee to the said Estate of Mootu Ninah Chitty 
deceased requested of the said Nellamooteama to discharge her said Obligation. 
Bill now so it is the said Nellamooteama refuses to give your Orator any satisfaction in 
the premisses To the End therefore that the said Nellamooteama may upon her 
Corporal Oath true and perfect Answer make to all and singular the matters and 
things aforesaid as fully and truly to all Intents and purposes as if the same were 
here again repeated and Interrogated and be Decreed to pay the full Principal and 
Interest that may be due on the said Mortgage or that the said house so Mortgaged 
may be sold towards discharging the same and that your Orator may have such fur- 
ther and other relief as shall be agreeable to Equity and good Conscience. 

Rob b . Sloper 

AtVJ. for the Complainant. 

1 st . January 1744/5, Madraspatnam. 

I Nellamooteama Relict of Vallaboo Chitty do hereby acknowledge to have 
Borrowed and received of Poodupaucum Ninah Chitty Moota Ninah Chitty the sum 
of 207 P s . Current of Madras for securing the repayment of which sum with Interest' 
at Nine f} Cent on demand I Mortgage my Dwelling house, with the Bill of Sale 
thereof, situate in the Mottalla Petty. 

Nellamooteama' s mark 

Witness 

Vallaca Chitty Conneca Subba Chitty. 
Teverden Veeragua Chitty. 
drawn by Choongoondram Permallia. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 



Mayors Court at 

^UdRASPATNAM. 

Tuesday the 5 th . day of Nov r . 1745 Between Trevengalum. 
Comrapah (Trustee to the Estate of Moota Nina Chitty 
deced) of Madras Merchant Complainant and Nellamoote- 
ama (Relict of Vellaboo Chitty deced) of the same place 
Widow Defend*. 

On reading the Complainants Bill with Translate of a Cadjan Mortgage Bond 
under the Defendants Hand dated the 1 st . Janry 1744/5 for P s . 207 thereto annext 
The Defendants son appeared in Court on behalf of his Mother (who was sick) and 
acknowledged the Execution of the said Bond and the Justness of the Complainants 
demand And on due Consideration had this Court doth therefore think fit to order 
and Decree and doth accordingly Order and Decree that the Defendant do pay unto 
the Complainant the full and just sum of 207 P s . Current of Madras being the Prin- 
cipal money of the before said Mortgage Bond together with such Interest after the 
rate of 8 |$) Cent !$ Ann as now is or shall hereafter become due thereon until full 



Pleadings in the Mayor's Court, 1745 207 



payment is made and also the Costs of this Suit and on default of payment at or be- 
fore 21 days from the date hereof that the Mortgaged premisses be sold and the 
money arising from such Sale paid unto the Complainant in and towards the dis- 
charge of his said Debt and Costs. 

$ Cue 

Noah Casamajor 

Reg-. 



10 th . Sep r . 1745. 

JLQ the Honourable The Mayors Court 

AT MADRASPATNAM. 

Humbly Complaining Sheweth unto this Honourable Court your orator Cotum- 
bauck Gruapah Merchant and Inhabitant of Madras was applied to for the loan 
of a sum of money at Interest by one Golta Latchmana of the place aforesaid 
.Widow at whose Instance and request your Orator did advance and lend her the 
full and just sum of 20 P s . Current money of Madras for securing the Repayment 
whereof with Interest after the rate of Nine ^ Cent ^ Annum in six months she 
the said Golta Latchmana did make sign and give unto your Orator one Cajan Bond 
Note or Writing Obligatory bearing date in Fort S t . George the 21 st . day of Novem- 
ber which was in the year of our Lord 1738 Translate of which Bond is for this 
Honourable Courts Inspection hereunto annexed to which your Orator most humbly 
refers and prays the same may be admitted as a part of this his Bill of Complaint 
and your Orator further shews this Honourable Court that in and by the said Bond 
one Dundee Boree is bound in case of ffailure on Golta Latchmana's part to pay 
the Amount Principal and Interest of the said Bond at the Expiration of the said 
six months and your Orator further shews that since the said Transactions Dundee 
Boree is departed this life and one Vencatadry a Dubash of Madras has proved 
himself his Heir and taken possession of his Estate and Effects of whom as also of 
the said Golta Latchmana your Orator hath often in an amicable manner demanded 
payment of the above Recited debt. 

But now so it is may it please this Honourable Court the said Golta Latchmanah 
and Vencatadry both of them absolutely refuses to give your Orator any manner of 
Satisfaction your Orator therefore prays a General relief touching the premisses 
such as to this Honourable Court shall appear agreeable to Equity and good Con- 
science. Is the End of the Bill. 

William Dumbleton 
Attv. for the Complainant. 



21**. November 1738. 

I Gultah Latchmana do hereby acknowledge to have borrow'd and received 
of Cotaumbauck Gruapah the sum of 20 P s . Current which sum I promise to pay 
in Six Months with Interest at Nine per Cent and on default of payment at the time 
limitted Dundee Boree is obliged for the payment of Principal and Interest. 

Gultah Latchmana's mark. 
Borees mark. 
Nagee Eeddee. 
Suncoo Vencatachelum . 
drawn by Mungeral Teagapah. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam? . 



208 Records of Fort St. George 



5 th . Nov 1 . 1745. 

The Separate Answer of Gulta Latchmanah to 
the Bill of Complaint of Ootumbauck Gruapah 
Merchant of Madras. 

The said Defendant now and at all times hereafter reserving to herself all and 
all manner of Benefit and advantage of Exception to the manifold Errors Imperfec- 
tions Incertainties and Untruths in the said Bill contained for answer thereunto or 
unto so much thereof as this Defendant is advised doth materially concern her this 
Defendant to make answer unto she this Defendant answereth and saith That this 
Def*. having occasion for money did apply to the Complainant for the sum of P s . 20 
which the Complainant refused to do, but afterwards one Dundee Boree being 
bound with this Defendant and obliging himself to be Answerable for the Sum 
borrowed together with the Interest thereon if this Defendant did not pay the same 
within six months, the Compl*. was satisfied therewith and did lend the before 
mentioned sum, but the limitted time for payment being expired the said Dundee 
Boree then applied to this Defendant and said, as he had Engaged, and was now 
Accountable for P s . 20 borrowed of the Complainant with the Interest thereon and 
upon the Complainants demand was obliged to pay it, did therefore require this 
Defendant to pay the amount to him as it then became an Obligation on him to dis- 
charge the said debt to the Complainant She this Defendant not having Complied 
therewith within the limitted time of Six Months. As the said Dundee Boree had 
then bound himself this Defendant thought it her Duty to make satisfaction to him, 
and accordingly did in a short time after pay to him the said Dundee Boree P s . 15 
and afterwards let him have some Brass lamp stands value above P s . 6 being account 
the principal and Interest due on the said Bond. But after this it so happened the 
said Dundee Boree died not having Discharged the said Bond as he had promised 
to do. upon which and it being known that this Defendant had paid the said Dundee 
Boree in his life time The Complainant made frequent applycation to one Venca- 
tadry who is Heir and has possessed himself of the said Dundee Borees Effects and 
did promise to pay the same but on ffailure thereof the Complainant has now sued 
this Defendant Jointly with him the said Vencatadry This being a true relation 
of the affair this Defendant has only to rely on the Justice and Equity of this 
Honourable Court and humbly hopes she shall not be obliged to pay a second time 
what she this Defendant a poor widow, has long since paid to the said Dundee Boree 
but that the said Vencatadry being Heir to the said Dundee Boree may be obliged 
to make full satisfaction to the Complainant. 

All which matters and things this Defendant is ready to Aver maintain and 
prove as this Honourable Court shall Direct and humbly prays to be hence dis- 
missed with her reasonable Costs in this behalf most wrongfully sustained. 

Eob t . Sloper 
Attorney for the Def 

Mayors Court at 
Mapraspatnam. 

Tuesday the 5 th . day of November Anno 

Domini 1745 Between Cotumbauk Gruapah of 

Madras Merchant Compl*. & Gulta Latchmanah 

Widow and Vencatrady (Heir of Dundee Boree 

Deceased) Dubash both of the same place 

Defendants. 

On hearing the Complainants Bilk with Translate of a Cadjan Bond under the 

hand of the Def*. Golta Latchmanah and of the aforesaid Boree dated the 21 st . 

Nov r . 1738 for P 3 . 20 thereto annext and the separate Answer of the Defendant 

Gulta Latchmana read and it appearing to this Court that the Defendant Vancatadry 

lath been served with the Regular process to answer the Complainants Bill but 

wilfully and Obstinately refusing so to do On due Consideration had this Court; 



Pleadinqs in the Mayor's Court, 1745 209 



doth therefore think fit to order and Decree and doth accordingly Order and Decree 
that the Defendants do pay unto the Complainant the full and just sum of 20 P s . 
Current of Madras being the princ 1 . money of the before ment d . Obligation tog r . 
with such Int. after the rate of 8 $ CV'f Ann as now is or shall hereafter become 
due thereon until full payment is made and also the Costs of this Suit. 

[$ Cur 
Noah Casamajor 

Reg*. 



20 th . August 1745. 

To THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

Humbly Complaining sheweth unto this Honourable Court your orator William 
Percival Merchant and Inhabitant of Madras that one Tomby Chitty of the same 
place Merchant stands indebted to your Orator the full and just sum of 1,500 P s . 
Current money of Madras on ffour Bonds as follows. 

one Bond for Pagodas 500 Dated Febry 6*. 1741/2. 

one D°. 500 Dated Decern?. 22<*. 1742. 

one Do. 100 Dated Decern." - . 11th. 1742. 

one D°. 400 Dated May 1st. 1742. [sic] 



4 Bonds Pagodas 1500 Which in Sterling money of Great Britain accompl- 

s 

ing each Pagoda 8. amounts to Six hundred Pounds (£.600) or thereabouts all 
which will appear f? Translates of the said ffour Bonds for the Inspection of this 
Honourable Court hereunto annexed to which your Oror most humbly referrs and 
prays the same may be accepted as part of this your Orators Bill of Complainant [sic~\ 
the Originals being in your Orators Custody ready to be produced as this Honourable 
Court shall please to direct and your Orator shews unto this Honourable Court that 
the said ffour Bonds are drawn payable to one Cassuva Chitty Audeapah but the 
Property thereof rests solely in your orator and your Orator further shews unto 
this Honourable Court that Demands ^Frequently in the most amicable manner have 
been made from time to time of the fore mentioned debt from the said Tomby Chitty. 
But now so it is May it please this Honourable Court altho' the said Tomby 
-Chitty acknowledges the justness of the Demand yet hath not your Orator hitherto 
been able to obtain any manner of Satisfaction, your Orator therefore prays such 
General Eelief touching the premisses as to this Honourable Court shall appear 
agreeable to Equity and good Conscience Is the End of the Bill. 

William Dumbleton 
Attorney for the CompV. 
6 th . February 1741/2, Madraspatnam. 

I Tomby Chitty Companys Merchant do hereby acknowledge to have Borrowed 
and received of Cassuva Chitty Adipah the sum of 500 P s . Current of Madras 
which sum I promise to pay in two Months with Interest at nine '$ Cent. 

Tomby Chitty. 
Witness 

Linga Chitty. 

Attaputta Comrapah Chitty. 

drawn by Chittereapen. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam?. 

1745—27 



210 Records of Fort St. George 



22 d . December 1742. 

I Tombt Chitty Companys Merchant do hereby acknowledge to have Borrowed 
And Received of Cassuvah Chitty Adipah the sum of 500 P s , Curr*. of Madras 
which sum I promise to pay on Demand with Interest at 9 ^ Cent. 

Tomby Chitty. 

Witness 

Eangamar Eangapah Chitty. 
Attaputtah Comrapah Chitty. 
drawn by Chittereapen. 
Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 

1.1 th . December 1742. 

I Tomby Chitty Companys Merchant do hereby acknowledge to have Borrowed 
and Received of Cassuvah Chitty Adipah the sum of 100 P 3 . Current of Madras 
which sum I Promise to pay on demand with Interest at Nine ! ^ Cent. 

Tomby Chitty. 

Witness 

Eangamar Eangapah Chitty. 

Attaputtah Comrapah Chitty. 

drawn by Chittereapen. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 

1«*. May 1743. 

I Tomby Chitty Companys Merchant do hereby acknowledge to have Borrowed 
and received of Cassuva Chitty Adipah the sum of 400 P s . Current of Madras 
which sum I promise to pay on demand with Interest at Nine $3 Cent. 

Tomby Chitty. 
Witness 

Attaputtah Comrapah Chitty. 
Eangamar Eangapah Chitty. 
drawn by Monnella Chinatomby. 
Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 

Mayors Court at 

Madraspatnam. 

Tuesday the 12 th . day of November Anno 
Domini 1745 Between William Percival of 
Madras Merchant Complainant and Tomby 
Chitty of the same place also Merchant Defend- 
ant. 

On hearing the Complainants Bill with Translates of 4 Cadjan Bonds under 
the Defendants hand one dated the 6 th . February 1741/2 for P s . 500, one the 
11 th . December 1742 for P s . 100, one the 22 Dec r . 1742 for P s . 500, and one 



Pleadings in the Mayor's Court, 1745 211 

the 1 st . May 1743 for P 3 . 400 thereto annext read, and it appearing to this Court 
that the Defendant hath been served with the Regular process to answer the Com- 
plainants Bill but wilfully and obstinately refusing so to do On due Cons 11 , had this 
Court doth therefore think fit to Order and Decree and doth accordingly order & 
Decree that the Defendant do pay unto the Compl t . the full and just sum of 1500 P s . 
Current of Madras being the principal money of the ffour before ment d . Obligations 
together with such Interest after the rate of 8 1^ Cent j^ Ann as now is or shall 
hereafter become due thereon until full payment is made and also the Costs of this 
suit the PI*. having made Oath to the Justness of his Demand. 

ff Cur 
Noah Casamajor 

Reg'. 



5 Nov r . 1745. 

To THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

Humbly Complaining sheweth unto this Honourable Court your Orator Gopah! 
Chitty Ball Gruah of Madras Merchant That there having been dealings between 
your Orator and one Eamah Syringa Chitty he with one Bamajee Bangiah his Brother 
both of the same place Merchants now being and residing within the Jurisdiction 
of this Honourable Court gave their Joint Note unto your Orator bearing date on 
or about the 29 th . day of August in the year 1741 for the sum of P s . 313. 18 payable 
at P s . 50 each year until the whole should be paid with Interest at 8 ^ Cent ! $T Ann 
as by the said Note wrote in English in your Orators Custody ready to be produced 
as this Honourable Court shall direct will appear. Your orator further shews that 
on or about the 15 th . day of October in the year 1743 They the said Syringa Chitty 
and Bamahjee Bangiah being in want of a further sum of money borrowed of your 
Orator the sum of Pagodas 127. 34 and for the securing the repayment thereof 
with Interest after the rate of 8 1$ Cent on the 30 th . day of March then next 
Ensuing they mortgaged six houses situate in Corah Petta, particularly described 
in the Mortgage Bond Translate whereof is hereunto annexed and the" Original in 
your orators Custody ready to be produced as this Honble Court shall direct" which 
sums make together the Prin 1 , sum of P 3 . 441. 16 so due to your Orator with" 
Interest thereon. But now so it is may it please this Honourable Court that your 
Orator hath used all amicable measures to get his said demands satisfied but without; 
the least Effect To the End therefore that the said Syringa Chitty and Bamajee 
Bangiah may upon their Corporal Oaths true and perfect "answer make to all and 
singular the matters and things aforesaid as fully and truly to all Intents and pur- 
poses as if the same were here again repeated and Interrogated and be Decreed to 
pay your Orator the Principal sum of P s . 441. 16. — as also such Interest that 
shall become due theron or that the said premes may be sold towards discharging 
the same and that your Orator may have such General Relief in the premisses as 
shall be agreeable to Equity and Good Conscience. 

Kob t . Sloper 
'Attorney for the CompP. 

Translate of a Mortgage given bv Syringa to 
Gobi Chitty Ball Gruapah date?. Madraspatnam 
the 15 th . day of October A.D. 1743. 
I Syringa Chitty do hereby acknowledge to Have borrowed and received of 

p B . ff s . 
Gobi Chitty Bill Gruapah the sum of 127. 34. for securing the repayment of 
which sum with Interest at Eight per Cent on the 30*. of March next I mortgage 
the following Six Houses in Coral Petty Viz*, my Dwelling house inhabited by 
1745— 27a 



-212 Records of Fort St. George 



Austraga Virthapen Eamangee and Munga, one D°. by Quondapa Chitty one by 
-Pooinde Gru Vencaten and two by Caume Chitty and his ffamily and on default of 
payment at the xime Limitted the above houses are to be sold to discharge the Princi- 
pal with Interest due thereon. 

Sterunga Chitty. 

Eamanjee Eangiah's mark. 
Witness 

Dorsery Vencatachelum. 
Bavenapah. 
drawn by Amarapathe. 
Translated from a Cadjan said to be the Original. 

Joseph Githin 

Exam r . 



Mayors Court at 
Madraspatnam. 

Tuesday the 12 th . day of November Anno 
Domini 1745 Between Gruapah Chitty Ball 
Gruah of Madras Merchant Complainant and 
Syringa Chitty and Eamajee Eangiah of the 
same place also Merchants Defendants. 
On hearing the Complainants Bill with a Note under the Defts hands dated 
the 9 th , of August 1741 for P s . 313. 18. also Translate of a Cadjan Mortgage Bond 
under the Def te . hands dated the 15 th . Oct r . 1743 for P s . 127. 34 making tog r . the 
eum of P. 441. 6. thereto annext read, the Defendant appeared in Court and 
Acknowledged the Execution of the said Obligations and the justness of the Com- 
plainants demand and on due Considera had this Court doth therefore think fit to 
order and Decree and doth accordingly order and Decree that the Defendant do pay 
unto the Complainant in and towards the discharge of his said Debt and Costs - 
the principal money of the two before mentioned obligations together with such 
Interest after the rate of 8 !|S Cent ^ Ann. as now is or shall hereafter become due 
thereon until full payment is made and also the Costs of this suit and in default of 
payment of the last mentioned Obligations at or before 21 days from the date hereof 
That the mortgaged premisses be sold, and the money arising from such sale paid 
unto the Complain*, the full and just Sum of P\ 441. 16 Current of Madras being 

1$ Cur 
Noah Casamajor 

Regr. 



h*. March 1745, 

To the Honble the Mayors Court at Madras- 
patnam. 

Humbly Complaining sheweth unto this Hofible Court your Orator Gannaputtee 
Merchant of Madras being at the Sea Gate on the 20 th . day of Nov 1 . 1744 the then 
Sheriff of this place at that time Exposed to Sale an House (situate in Cotchall 
Pagoda Street in the Mootal Petta) by Virtue of a Warrant of Execution issued out 
of this Honble Court against the Effects of oDe Panjan your Oror bid 101 P s . for 
the said house, and no one bidding more it was Cry'd down to your Orator at 
which time one Vencatatia Pilla being present offered to take your Orators purchase 
off his hands and allow your Orator 2 P s . profit thereon your Orator accepted the 
Proposal and told the Sherriff thereof who thereupon Changed the Name in his 



Pleadings in the Mayor's Court, 1745 213 

-Account Sale and incerted the name of Vencatatia Pilla and Got a Bill of Sale 
Begistered at the Choultry in the name of the said Vencatatia Pilla but on the Sherriffs 
demanding payment of the said Vencatatia Pilla he put him off from time to time the 
Sheriff provoked at being so Trifled with sent to demand payment of your Orator 
saying your Orator might recover it from Vencatatia Pilla how he could your Orator 
,to avoid being Involved in a Law suit which the Sheriff threatned him with paid the 
money for Vencatatia Pilla who promised to repay it in a short time which 101 P s . 

added to the 2 P s . allowed your Oror as profit makes P s . 103 which in Sterling money 

lb s d 

of Great Britain accompting each Pagoda 8 s . amounts to 41. 4. or thereabouts 
the repayment of which Sum your orator hath often demanded in the most amicable 
.manner from the said Vencatatiah Pilla. 

But now so it is May it please this Honourable Court the said Vencatatiah has 
taken possession of the aforesaid Bond pull'd off the Top and sold the materials and 
yet wilfully and obstinately refuses to give your orator any manner of satisfaction 
your Orator therefore prays a General Eelief touching the premisses such as to this 
Honourable Court shall appear agreeable to Equitv and good Conscience Is the 
End of the Bill. 

William Dumbleton 
Attorney for the Complain*. 

To whomsoever it may concern whereas there is a House and Ground situated 
in the. Motal Peta in Catchall Pagoda street between the house of Comrapah Chitty 
and the Street containing in Length 64^ and in Breadth 33 with a piece of Ground 
adjoining in Length 22^ and in Breadth 9^ on which an Order of Execution out of 
-the Honble the Mayors Court to the Sherriff of Madraspatnam was passed and served 
and was sold at Outcry by Publick sale at the sea Gate being then belonging to 
Panjan for P s . 101 to me in hand paid by Vancatashia Pullae at the signing and 
delivery hereof do by these presents Bargain and Sell and have Bargained and 
Sold unto him the said Vencatashia Chitty and his Heirs and assigns for ever To 

have and to hold the said house and Ground with all Conse s . and Appurts thereunto 
Belonging Witness my hand in Fort S*. George November 24 th . 1744. 

Eegistred Tho s . Cooke Sheriff. 

M. Empson, Reg*. W M . Monson. "I . 

A true Copy. W M . Johnson - 

W M . Dumbleton 

Attn, for the Compl*. 

2 d . April 1745. The Answer of Vencatashia Pilla of Madras Merchant De- 

fendant to the Bill of Complaint of Gannaputtee of the same 
place Merchant Defendant. 

The said Defendant now and at all times hereafter saving and reserving to him- 
self all and all manner of Benefit and advantage of Excep to the Mnifold Errors, 

Imperfections, Incertainties, and untruths in the Complainants said Bill Contained 
for Answer thereunto or unto so much thereof as he this Defendant is advised 
materially doth concern him this Defendant to make answer unto He this Defendant 
Answereth and saith. 

That he absolutely denies to have ever offered the Complainant two P s . profit 
on the house as is falsely set forth by the Complainant in his Bill of Complaint nor 
did the Complainant buy that House for P s . 101 neither was the Complainants Name 
• placed in the Sheriffs Account Sales instead of this Defendants Name as the Com- 
plainant would falsely insinuate But this Defendant begs Leave to set forth to 
this Honourable Court the Transactions that passed relating to the said house. 

This Defendant saith that he himself bought the said House at Outcry (it be- 
longing to one Panjan) for P s . 101 and a few days after the Complainant applied 
himself to this Defendant saying that he had Occasion for a House and desired this 
Defendant to Let him have the same to w-hich this Defendant Consented and agreed 



214 Records of Fort St. George 



and sold hini the said house at the same price that this Defendant had purchased it 
at, upon which the Compliant [sic] carried the money (being P s . 101) to the Sherriff 
and paid it to him in this Defendants presence and did then desire the Sherriff to pro- 
cure a Bill of Sale for the said house in his the Complainants name. The Sherriff 
then said as he had sold the house to this Defendant he had therefore already got a Bill 
of Sale in his But in Case the Complainant had a mind for a Bill of Sale in his own 
name he must get one from this Def*. upon saying of which the Complainant took 
the Bill of Sale that was made in this Defendants name from the Sherriff, and by 
the Order of the Sherriff, he took some Choultry Talliars and carried them to the 
said house and turned Panjan out that then lived therein and took possession there- 
of. 

And this Defendant further saith that he absolutely denied to have pulled off 
the Eoof of the said house or sold the Materials thereof, as the Complainant falsely 
sets forth in his Bill of Complaint and this Defendant begs Leave to set forth some 
passages relating to that affair. 

One Nella Moota Pilla a Neighbour of the aforesaid Panjan having by the Con- 
sent of the said Panjan built a kind of Cover (at his own expence) in the back yard 
of the said Panjans house of which the said Nella Moota Pilla made use of, and 
when the Sherriff sold the said house, he Expected those Appurtenances and after 
the said House was sold Nella Moota Pilla obtained Leave from the Sherriff to pull 
down the said John and take the same away, and after this Defendant had sold the 

said house to the Complainant he this Defendant was no more in possion of it. 

All which matters and things this Defendant is ready to averr maintain and 
wove the same as this Honourable Court shall award and humbly prays to be hence 
dismissed with his reasonable Costs and Charges in this Behalf most wrongfully 
ustained. 

Henry Deveil 
Attorney for the Defend*. 

2 April 1745. The Eeplycation of Gunnapattee to the Answer of Ven- 

catatia Pilla. 

This Eeplyant now and at all times hereafter saving and reserving to himself 
all and all manner of Benefit and advantage of Exception to the many untruths in 
the said Answer saith that the same is very Imperfect and insufficient in the Law 
to be replied unto and this Eeplyant also further saith. 

That the Defendants Assertion That, that part of the Eoof which Nella Moota' 
Pilla pull'd down, did not belong to this Eeplyants purchase is both false and absurd, 
For who ever knew a House described in length and breadth &c. with appurtenan- 
ces Sold upon Condition of the Top being Excepted unless Notice was given there 
of by Advertizement before the Sale which was not done in this Casethe Bill of 
Sale being very particular as to the situation and length and breadth of the premisses 
Exposed to sale but no mention made of what the Def fc . falsely Claims. 

All which matters and things this Eepliant is ready to averr maintain and 
prove and humbly prays to be hence dismissed as in & by this Eeplyants Bill he has 
already prayed. 

W M . DUMBLETON 

Attorney for the Reply ant. 

22«<* May 1745. 

The Eejoinder of Vencatatia Pilla to the Eeplycation of 
Gaunnapattee. 
The said Defendant now and at all times hereafter Saving and reserving to ■ 
himself all and all manner of Benefit and advantage of Exception to the Manifold 
Errors Inoertainties and Insufficiencies of the s 3 . Eeplycation Saith that all and 
singular the matters and things in this Defendants answer Contained are true as the 
same are therein alledged and this Defendant also saith". 



Pleadings in the Mayor's Court, 1745 215 

That the piece of Eoof or Tyling pulled down was neither Bought nor sold 
with the house and it was carried away by its proper Owner Nella Mootah Pillah 
who had Leave to build it upon Panjans Ground and paid him for it the sum of 
P s . 3. 8 as | the Agreement hereunto annext so that the now Complainant hath 
no Property therein, nor it was never sold with the house because it never belonged 
to it, As to the purchase of the house this Defendant will prove in all shapes the 
Complainant bought it and paid the Sherriff for it with his own hands, and by the 
Sherriffs order got Talliars to turn out the Inhabitants, and put himself in posses- 
sion and now to deny the purchase, because he thinks it Dear is a meer folly for that 
was the very reason this Defendant sold him without a Cash profit, the said house 
only, Because this Defendant thought it was a dear Bargain and this Defendant 
saith as in and by his said Answer he hath already said and will averr maintain and 
prove the same. 

Henry Deveil 
AtPJ. for the Def. 



1 st . September 1737 Madraspatnam. 

Pungen son of Punjen do hereby acknowledge to have Borrowed and received 
of Nellamootain son of Boma Conen the sum of Three Pagodas and Eight ffanams 
Current money of Madras and it is agreed that Nellamootain shall have the use of 
my Ground in Consideration of Interest till the debt is discharged. 

Punjen 's mark. 
Witness 

Normacorra Vencatashen. 
Narnee Chitty. 
drawn by Marsharamine. 

Translated from a Cadjan said to be the Original. 

Joseph Githin 
Ex r . 



Interrogatories to be administred to such Witnesses as 
shall be produced sworn and Examined on the part and 
Behalf of the Complainant in a certain Cause wherein one 
Gannapattee is Complainant and one Vencatatia Pilla Defend- 
ant. 

To all the Witnesses Imprimis do you know the parties Complainant and 
Defendant in this Cause or either of them if yea, how long have you so known them, 
or either of them, and which of them Declare. 

2 d . To Cautteapah, Errapah, Chittenbelum and Baushacaur Item do you 
know that one of the contending partys, sold the other a house, if yea, on what 
Terms was it bought and sold, who bought it, and who sold it, was the Buyer ever 
put in possion by the Seller, if yea, is he yet in possession, if nay, what use did he 
make of the house, while in possession did he make any Alterations or not, did he, 
or did he not take away any part or parcel of the said house, if yea, what part or 
parcel Declare. 

3. To all the Witnesses Item do you know or can you say any other matter 
or thing material for the Complainant in this Cause, if yea, set forth the same as 
you know have heard or do Believe with the reasons of such your Knowledge or 
belief Declare. 

William Dumbleton 
'Attorney for the CompV. 



216 Records of Fort St. George 



Matoes Couet at 
Madeaspatnam. 

Between Gunnapattee Complainant & 
Vencatatia Pilla Defendant. 

Depositions of Witnesses in'this Cause taken by and before the Examiner in. 
this Court as follows. 

Caulteapah of Madras Conicoply aged 40 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant was on the 21 st . 
day of August 1745 shewn at the office of M r . Henry Deveil Attorney for the Defend- 
ant by Conecapa who left a Note of the name title and place of abode of the said. 
Caulteapah and afterwards on the same day being sworn and Examined Deposeth 
as follows. 

1 st . To the first Interry this Deponent saith that he knows the parties Com- 
plainant and Defendant and hath so known them 12 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows the Complai- 
nant sold the Defendant a house for two Pagodas advance on the Outcry Bill and 

deliver it over to him but cannot say whether the Defendant is now in possion there- 
of. He further saith that he knows the Defendant & one Nellamootain pulled Down 
one side of the house and carried the materials away and more saith not to this 

Interry. To the last Interry this Deponent saith that the Complainant about seven. 
or Eight days after he had sold the house demanded the money of the Defendant, 
who said he had Endeavoured to borrow it of several people but could not procure 
it, therefore desired the Complainant to Deposit the money and he would repay 
him with Interest, whereon the Complainant borrowed the sum of M r . Slopers Dubash 
and paid off the Outcry Bill That the Bill of Sale is drawn in the Defendants name 
and more saith not. 

Caulteapah. 

Joseph Githin 

Exam r . 

Eeeapah of Madras Company Peon aged 35 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Complainant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant seven months and the Defendant 7 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows the Complain- 
ant sold the Defendant a house for two P s . advance on the price he bought it. at the 
Sea Gate and delivered it over to him but cannot say whether the Defendant is 
now in possession of the House or has made any use thereof that he knows one Nella- 
mootain pulled down one side of said house by the Defendants Order and Carried 
the Materials away and more saith not to this Interry. 

To the last Interry this Deponent saith that the Bill of Sale of the said house 
is drawn in Defendants name but Continues in the Complain* 8 . Custody till the- 
money is paid and more saith not. 

Ereapah. 
Joseph Githin 

Exam r . 

Chittumbalum of Madras Petty Merchant aged 36 y* 8 . or thereabouts being' 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known tHe Compl*. 
two years and the Defendant ffour years or thereabouts. 



Pleadings in the Mayor's Court, 1745 217 

2 d . To the second Interrogatory this Deponent saith that he knows the 
Compl*. sold the Defendant a house for two pagodas advance on the Outcry Bill 

and delivered it over to him but cannot say whether the Defendant is now in possion 
of the House That he knows he pulled down one side of the house and carried the 
materials away and more saith not to this or Interry. 

To the last Interry this Deponent saith that the Defendant desired the Com- 
plainant to pay the Outcry Bill and said he would repay him with Interest and that 
the Complainant thereon Borrowed the money of M r . Slopers Dubash and paid off 
the Bill and more saith not. 

Chittumbalum 

Joseph Githin 

Exam r . 



Baushacaur of Madras Petty Merchant aged 40 years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant two years and the Defendant 8 years or thereabouts. 

2 d To the second Interry this Deponent saith that he knows the Complain- 
ant sold the Defendant a house in Consideration of two P s . advance on the Outcry 
Bill and Delivered it over to him but cannot say whether the Defendant is now in 
possession of the said house or has made any use thereof that he heard the Defend- 
ant pulled down a part of the house and more saith not to this Interry. 

To the last Interry this Deponent saith That when the Complainant demanded 
the money for the above house the Defendant desired him to pay the Outcry Bill 
and he would repay him with Interest that the Bills drawn in the Defendants name 
but Continues in the Complainants Custody till the money is paid and more saith not 

Baushacaur. 
Joseph Githin 

Exam r . 



Interrogatories to be Administred to such Witnesses as shall be 
produced Sworn and Examined on the part and Behalf of the Com- 

pl*. in a certain Cause wherein one Gannaputtee is Complainant and 
one Vencatatia Pilla is Defendant. 

To all the Witnesses Imprimis do you know the parties Complt and Defend- 
ant in this Cause or either of them if yea, how long have you so known them or 
either and which of them Declare. 

To James Wilmott and Permoll Item Do you know for what the partys con- 
tend did you or did you not hear words pass at the Sea Gate between the partys if 
yea what subject did those words treat of, what do you know Concerning the sale 
and purchase of a house Declare. 

To all the Witnesses Item Do you know or can you say any other matter or 
thing material for the Complainant in this Cause if yea set forth the same as you 
know have heard or do Believe with the reasons of such your Knowledge or Belief 
Declare . 

William Dumbleton 
Aw. for the Complain*. 
1745—28 



218 Records of Fort St. George 



Mayors Court at 
Madraspatnam. 

Between Gannapattee Complainant 

and 

Vencatatia Pilla Dependant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

James Wilmott of Madras Court Serjeant aged 34 years or thereabouts 
being produced as a witness in this Cause on the part of the Complainant was on 
the 13 th . day of September 1745 shewn at the office of M r . Henry Deveil Attorney 
for the Defendant by Connecapa who left a Note of the Name Title and place of 
abode of the said James Wilmott and afterwards on the same day being Sworn and 
Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath seen the partys 
Complt and Defendant but hath no certain knowledge of either. 

2 d . To the second Interry this Deponent saith that he has heard the parties 
contend about a House but did not hear any words pass between them at the Sea 
Gate That he knows one Panjans house was sold m the November last by the Sherriff 
at the Sea Gate and to the best of his Remembrance it was cryed down to one Gunna- 
pattee and more saith not to this or the last Interry. 

James Wilmott. 
Joseph Githin 

Exam r . 

Permaul servant to James Wilmott Court Serjeant aged 29 years or there- 
abouts being produced as a Witness in this Cause on the part of the Complainant 
and afterwards being sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 20 years and the Def*. 10 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows the parties 
•contend about Panjans house sold by the Sherriff at the Sea Gate but did not hear any 
words there pass Between the parties Concerning the same that he remembers the 
Defendant bid an 100 P s . at the Outcry but the Complainant bidding a 101 P s . the 
house was Cryed down to him. He further saith that about 10 days after the Com- 
plainant came to him this Deponent and told him the Defendant had agreed to give 
him two P s . profit on the house and that he had sold it to him and more saith not 
to this or the last Interry. 

Permaul. 
Joseph Githin 

Exam r . 

Interrogatories to be administred to such Witnesses as shall be 
produced Sworn and Examined on the part and Behalf of the Defend- 
ant in a certain Cause wherein one Gannapattee of Fort Saint George 
Merchant is Complainant and Vancatashia of said place is Defendant. 

Imprimis do you know the parties Complainant and Defend*, in this Cause or 
either and which of them and how long have you so known them or either and which 
of them Declare. 

2 d . To Mundala Veeragoo and Arnachellum Coniooply Item do you know 
of any house sold by the Sherriff wherein the now Plaintiff and Defendant are Inter- 
ested, if yea, set forth as follows; Whose house was so sold, to whom sold, for what 
sum was it sold at the Sea Gate and what the Sherriff gave Notice concerning the 



Pleadings in the Mayor's Court, 1745 219 



sale of the said house, if there was any Mortgage Agreement or Incumbrance there- 
on and of what Value or kind, if any Materials were pulled down, if any Carried 
away, by whom pulled down and by whom Carried away and the property so carried 
away to whom it belonged Do you know the Cadjan now shewn you at the time of 
your Examination marked HD what does it contain set forth all you know of the pre- 
sent dispute, all you have heard and all you do beleive with the reasons of such your 
knowledge or Belief Declare. 

3 d . To Nellamootah Item Do you know this Cadjan now shewn you at the 
time of your Examination marked HD what do you know of this Cadjan did you, or 
who else did carry away any Materials of a house lately and what House and what 
Title had you to such materials. 

To Panjan Do you know ought of the house now in dispute who Bought the 
said house of the Sherriff and for what sum was the said house sold at any time after 
by whom and to whom and for what sum was the now Defendant in possession of 

the said house or who else was in possion who turned the partys out of possession 
of the said house, and by what Authority say further all you know concerning the 
present dispute Declare. 

Henry Deveil 
Attorney for the Defendant. 



Mayors Court at 

Madraspatnam. 

Between Gannapattee Complain*. 

& 

Vancatatia Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Mundala Veeragua of Madras Dubash aged 35 y re . or thereabouts being 
produced as a Witness in this Cause on the part of the Defendant was on the S a . 
day of July 1745 shewn at the Office of M r . W m . Dumbleton Attorney for the Com- 
plainant by Connecapa who left a Note of the Name Title and place of abode of the 
said Mundala Veeragua and afterwd 8 . on the same day being Sworn & Examined 
Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant 8 years and the Defendant 12 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows the house be- 
longing to Panjan was sold by the Sherriff at the Sea Gate to the Defendant for lfjl 
Pag s . who 3 days after sold the same to the Complainant for the said sum which 
he paid to the Sherriff. He further saith that the Sherriff gave Notice that a 
Viranda built on the Ground belonging to the said house was the property of one 
Nellamoota who afterwards pulled it down and carried the materials away. This 
Deponent further saith that he has no knowledge of the Cadjan marked HD shewn 
him now at this his Examination but on hearing it read says he remembers to have 
heard that a Cadjan to that purpose was given by Panjan to Nellamootah empower- 
ing him to build the Viranda as above on his Ground that the Complainant after he 
had bought the house above mentioned got a Talliar from the Sherriffs and turned 
Panjan out and more saith not to this or the last Interrv. 

The mark of Mundall Veeraotu 
Joseph Githin 

Exam r . 
1745— 28a 



220 Records of Fort St. George 



Arnachelum Conicoply to the late Sherriff aged 27 years or thereabouts be- 
ing produced as a Witness in this Cause on the part of the Complainant and after- 
wards being sworn and Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Complt 
3 years and the Defendant 10 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows a house Belong- 
ing to one Panjan was sold by the Sherriff at the Sea Gate to the Defendant for 101 
P s . and that the Defendant afterwards sold the house to the Complainant before the 
said Sherriff for the said sum which the Complainant paid to this Deponent he being 
the Sheriffs Conicoply and received a Bill of Sale from the Sheriff. He further 
saith that the Sherriff gave Notice that a Viranda built on the Ground belonging to 
the house above mentioned was the property of one Nellamootah, who afterwards 
pulled it down and carried the Materials away, and that the Cadjan now produced 
and shewn him marked HD purports that the said Nellamootah had the liberty of 
building the Viranda above mentioned on Panjans Ground in Consideration of the 
Loan of Three Pagodas and a half to Panjan without Interest That the Compl*. 
turned Panjan out of the house by the Assistance of a Talliar granted him by the 

Sherriff and more saith not to this or the last Interry. 

Arnachilum. 
Joseph Githin 

Exam r . 



Nellamoota of Madras Milkman aged 42 years or thereabouts being produced 
as a witness in this Cause on the part of the Defendant and afterwards being sworn 
and Examined Deposeth as followeth. 

1 st To the first Interry this Deponent saith that he hath known the Compl*. 
2 years and the Defendant 10 years or thereabouts. 

3 d . To the third Interry this Deponent saith that the Cadjan marked HD 
now shewn him was given this Deponent by Panjan who thereby empowered this 
Deponent to build a Veranda on his Ground in consideration of the Loan of Three 
Pagodas and a half without Interest That this Deponent pulled down the said Viran- 
da and carried the materials away after Panjans house and ground was sold by the 
Sheriff to the Defendant for 101 P s . He further saith that the Defendant sold the 
said house again to the Complainant for the same sum which he paid to the Sherriff 
who delivered the Bill of sale of the House to the Complainant that the Defendant 
had not taken possession of the house having sold it to the Complainant immediately 
after he had bought it and that the Complainant turned Panjan out by the help of a 
Talliar granted him by the Sherriff and more saith not to this or the last Interry. 

Nellamoota. 
Joseph Githin 

Exam r . 



Panjan of Madras Painter aged 60 years or thereabouts being produced as a 
Witness in this Cause on the part of the Defendant and afterwards being sworn and 
Examined Deposeth as follows. 

1 st . To the ffirst Interry this Deponent saith that he hath known the com- 
plainant Six months and the Defendant he hath known 10 years or thereabouts. 

4 th . To the fourth Interry this. Deponent saith that the house now in dispute 
was the property of this Deponent That the Defendant bought the said house of the 
Sherriff for 101 P s . and sold it again to the Compl*. for the s d . sum which he paid 
to the Sherriff who delivered the said House to the Complainant. He further saith 



Pleadings in the Mayor's Court, 1745 221 

that the Defendant never was in possession of the said house and that the Complain- 
ant turned this Deponent out by the help of a Talliar from the Sherriff and more 
saith not to this or the last Interrogatory. 

The Mark of Panjan. 

Joseph Githin 

Exarn T . 



Additional Interrys to be administred to such Witnesses as shall be 
produced sworn and examined on the part and Behalf of the Defend- 
ant in a certain Cause wherein one Gonnapattee of Fort S*. George 
is Complainant and Vancatatia Pilla is Defendant. 

1 st . Item Imprimis. Do you know the partys Complainant and Defendant in 
this Cause or either and which of them and how long have you known them or either 
and which of them Declare. 

2 d . To Cundapah Chitty and Subramoney Item Do you remember when the 
house of one Panjan was sold by the Sherriff at the sea gate who bought the said 
house of the Sherriff, was the house sold at any other time if yea who sold the said 
house and who bought it, was it present when any money was demanded, who de- 
manded the money, and what Answer was given, and by whom and who was present 
besides yourself. 

3. To Dassapah Item Did any Body offer to sell you any House who offered 
to sell such House and where does that house stand and what was asked for that 
House and what did you bid for the same do you know how he who offered to sell, 
came by the said house Declare. 

Can you say any other matter or thing material for the Defendant in this Cause, 
if yea set forth the same as you know have heard or do Believe with the reasons of 
such your Knowledge and Belief Declare. 

Henry Deveil 

Attv. for the Defend*. 

Mayors Court at 
Madraspatnam. 

Between Gunnapattee Complain 1 . 
& 
Vencatatia Pilla Defendant. 
Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Cundapa Chitty of Madras a servant in the Mint aged 30 years or there- 
abouts being produced as a Witness in this Cause on the part of the" Defendant was 
on the 6 th . day of September 1745 shewn at the office of M r . W m . Dumbleton Attor- 
ney for the Complainant by Connecapa who left a Note of the name Title and place 
of abode of the said Cundapa Chitty and afterwards on the same day being Sworn 
and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Deponent saith that he hath known the Com- 
plainant one Year and the Defendant 15 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he remembers when the 
house of one Panjan was sold by the Sherriff at the Sea Gate That the Defendant 
bought the said house of the Sherriff and sold it again to the Complainant. He 
further saith that he was present when the Defendant demanded the money for the 
said house of the Complainant who said he had half the money ready and wouW 



222 Records of Fort St. George 



procure the remainder as soon as possible and pay him That Subramoney, Chittegon, 
Yerrapa and Collity were present at the same time and more saith not to this or the 

last Interry. 

The Mark of Cundapah Chitty. 

Joseph Githin 

Exam r . 



Subramoney of Madras Merchant aged 39 years or thereabouts being produced 
as a Witness in this Cause on the part of the Defendant and afterwards being Sworn 
and Examined Deposeth as follows. 

1 st . To the ffirst Interry this Deponent saith that he hath known the Com- 
plainant one year and the Defendant 3 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he was not present when 
Panjans house was sold by the Sherriff at the Sea Gate but saith that the Defendant 
told him he had Bought the said house of the Sherriff at the Sea Gate and that he 
had sold it again to the Complainant. He further saith that he was present when 
the Defendant demanded the money of the Complainant who said he had part of the 
money ready and would make up the rest and pay him That one Nellanah and two 
others, whose names he cannot Recollect were- present at the time, And more saith 

not to this or the last Interry. 

Subramoney. 

Joseph Githin 

Exam r . 



Dassapah of Madras Peon aged 29 years or thereab*. being Produced as a Wit- 
ness in this Cause on the part of the Defend*, and afterwards being Sworn and 
Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath no certain knowl- 
edge of the Complainant that he knows the Defendant and hath so known him 15 
years or thereabouts. 

3 d . To the third Interry this Deponent saith that the Complainant offered to 
sell a house standing by Catchellas Pagoda for an hundred and six or seven Pagodas 
and that the person to whom it was offered said he would consider on it that the 
Complainant said he had bought the house of the Defend*, and more saith not to this 
or the last Interry. 

The mark of Dassap^Ti 

Joseph Githin 

Exam r . 



Mayors Court at 
Madraspatnam. 

Tuesday the 12 th . day of Nov 1 ". Anno Dni 1745 Between 
Gannaputtee of Madras Merchant Complainant and Vancata 
tia Pilla of the same place also Merchant Defendant. 
This Cause coming on this day to be heard and debated before this Court in 
the presence of the parCies and of the Attorneys on both sides on hearing the Com- 
plainants Bill with copy of a Bill of Sale dated the 20 Nov r . 1744 N°. 1156 there- 
to annext. The Defendants answer, The Beplycation, the Rejoinder with Translate 
of a Cadjan note dated the 1 st . September 1737 thereto annext also th^ Proofs taken 



Pleadings in the Mayor's Court, 1745 223 



in this Cause read. And on Examination of the matters in this Cause what was 
alledged on either side and due Consideration had thereon, This Court doth thereol 
think fit to order and Decree and doth accordingly order and Decree that the Com- 
plainants Bill do stand dismissed out of this Court with Costs. 

$ Cue 

Noah Casamajor 
Rea 1 



29 th . Oct r . 1745. 

To the Honourable Mayors Court 

AT MADRASPATNAM. 

Humbly Complaining sheweth unto this Honourable Court your orator Ter- 
angoo Eangapah Merchant and Inhabitant of Madras having had Sundry dealings 
with one Maniapah also Merchant and Inhabitant of the place aforesaid he the 
said Maniapah having occasion for the loan of a Sum of money did apply himself 
to your orator requesting the same whereupon your orator did advance and lend 
unto the said Maniapah the full and just sum of 20 P s . Current money of Madras 

s 

which in Sterling Money of Great Britain accounting each Pagoda 8 amounts to 
Eight Pounds or thereabouts (P. 20. £.8.) for securing the repayment of which 
sum with Interest thereon after the rate of 8 | Cent fJ Annum in one year He 
the said Maniapah did in and by one Mortgage Bond N°. 2735 regularly Eegistred 
in the Choultry Record bearing Date the lS 1 ^. day of April which was in the year 
of our Lord 1743, make over and Assign unto your Orator and his Heirs for ever 
one house with its appurtenances situate lying and being in Anamunta Pagoda 
Street in the Peddanaigues Petty Between the houses of Tellesinga and Calliditian 
Subject nevertheless to the usual Provisoe in such Cases, to wit, that if the said Mania- 
pah his Heirs &c. should well and truly pay or cause to be paid unto your orator his 
Heirs &c. the money due thereon with Interest before the Expiration of the time 
limitted then and in such Case the obligation to become void otherwise to remain 
in full fforce and virtue all which matters wilfully appear to this Honble Court by 
the aforementioned Mortgage Bond, referrence being had thereto, now in your 
orators Custody ready to be produced as this Honourable Court shall please to 
direct and your orator further shews unto this Honble Court that the said Maniapah 
having occasion for a further sum of money did again apply to your orator for the 
loan thereof and at his request your orator lent him the further sum of 3 P s . for 
securing the repayment thereof the said Maniapah gave your Orator an Interest 
Bond dated the 1 st . day of June in the Year of our Lord 1743 now in your Orors 
Custody ready to be produced as this Honble Court shall please to direct so that 
your Orator Principal demand in the two fore mentioned Obligations is 23 P 6 . 
Curr*. of Madras which sum your orator hath often and that in the most Amicable 
manner demanded payment of. 

But now so it is may it please this Honourable Court the said Maniapah wilfully 
and obstinately refuses to give your orator any manner of Satisfaction your orator 
therefore prays such general relief in the Premisses as to this Honble Court shall 
appear agreeable to Equity and good Conscience Is the End of the Bill. 

William Dumbleton 

Attorney for the Complainant. 
Mayors Court at 
Madraspatnam. 

Tuesday the 12 th . day of Nov r . Anno Domini 
1745 Between Terangoo Eangapah of Madras 
Merchant Compl*. & Maniapah also of the same 
place Merchant Defendant. 
On Eeading the Complainants Bill the Defendant appeared in Court and ack- 
nowledged the Execution of the Bonds on which the pi*, sues and the Justness of 



224 Records of Fort St. George 



his demand This Court doth therefore on due considera had, think fit to order 
and Decree and doth accordingly order and Decree that the Defendant do pay unto 
the Complainant the full and just Sum of 23 P s . Current of Madras being the princi- 
pal money of before mentioned Obligations together with such Interest after the 
rate of Eight f Cent ^ Annum as now is or shall hereafter become due thereon 
until full payment is made and also the Costs of this Suit and in default of payment 
at or before 21 days from the date hereof that the Mortgaged premisses be sold 
and the money arising from such sale paid unto the Complainant in and towards 
the discharge of his said debt and Costs. 

$ Cue 
Noah Casamajor 

Regr 



10 th . Sep r . 1745. 

To the Honble the Mayors Court at Madras- 

PATNAM. 

Humbly Complaining Sheweth to this Honourable Court your orator John 
Stratton Merchant of Madras was applied to by one Subiah and Collandee Chitty 
(Gomastahs to one Veera Chitty) for the purchase of Sundry Goods and your 
Orator shews he did sell and dispose of to the said Gomastahs divers goods to the 
amount of 1600 P s . Principal money and Current of Madras & which in Sterling 

a. lb. 

money of Great Britain allowing 8. if Pagoda amounts to 640 or thereabouts and 
for the Security of the said money they the said Subiah & Collandee Chitty Jointly 
with one Tomby Chitty Merchant also residing in this place did sign and Give unto 
your Orator one Paper Bond or Obligation bearing date the ll* 11 . of August 1744 
thereby promising to pay the said money on or at the Expiration of two months 
from the date thereof as is therein specified But so it is the said Gomastahs have 
both neglected so to do as also the said Tomby Chitty who by the said Bond under- 
takes to see the said Contract duly performed and though your Orator hath frequently 
demanded payment of his principal and Interest due on the said Bond yet so it is 
the said Tomby Chitty and others refuse to give your orator any satisfaction in 
the premisses. 

To the end therefore that the said Tomby Chitty, Subiah and Collandee Chitty 
may upon their Corporal Oaths true and perfect answer make to all and every the 
matters and things afs d . as fully truly and Effectually to all Intents and purposses 
as if the same were here again repeated and Interrogated and be Decreed to pay 
your Orator his said Principal sum & Interest due thereon and that your Orator 
may have such further and other relief in the premisses as may be agreeable to 
Equity and good Conscience. 

Henry Deveil 
Attorney for the Complain*. 

Mayors Court at 
MadRaspatnam. 

Tuesday the 26 th . day of November Anno 
Domini 1745 Between John Stratton of Madras 
Merchant Complainant and Subriah, Collandee 
Chitty and Tomby Chitty of the same place 
also Merchant Defendants. 

On reading the Complainants Bill, with a Bond under the Defendants hand 
dated the 11 th . Aug*. 1744 for P s . 1600 and it appearing to this Court that the 
"Defendant Tomby Chittv hath been served with the Regular process to answer the 
Compl^. Bill, but wilfully and obstinately refusing so to do, on due Cons n . had 



Pleadings in the Mayor's Court, 1745 225- 



this Court doth therefore think fit to order and Decree and doth accordingly order 
and decree that the Defendant Tomby Chitty do pay unto the Compl t . the full and 
P s . 1600 Just sum of P s . 1600 being the principal money of the aforesaid Bond 
tog r . with such Interest after the rate of 8 ^ Cent $ Ann as now is or shall hereafter 
become due thereon until full payment is made & also the Costs of this suit, the 
PI*, first makins Oath to the Justness of his Demand. 

if Cub 
Noah Casamajoe 

Reg*. 



21 st August 1744. 

To THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

Humbly Complaining sheweth unto this Honourable Court your Orator Antona 
of Madras merchant That your orators Brother Timidy Veerapah late of Vizagapatam 
Merchant deceased to whom your orator is Heir had in his life time sundry Dealings 
in partnership with Permaul Modelare of Madraspatnam Merchant which were 
Chiefly Transacted on the said Permauls behalf by one Anconah his Gomastah 
lat-e of Vizagapatam but now of Madraspatnam aforesaid within the Jurisdiction of 
this Honourable Court, and your Orator further shews that not being able to adjust 
his said deceased Brothers accounts with the said Anconah made his Applycation 
to John Stratton Esq 1 ", then Chief at Vizagapatam aforesaid requesting his Assist- 
ance therein who advised your Orator and the said Anconah to referr the matters 
in dispute to the arbitration or Decision of four Merchants named Coorayyla 
Narrapa, Lingapa, Satte Lingum and Gongoloo Saubariah, which they undertook 
and stated an account between whereby it appears that there is the sum of Rupees 
1147. 13. 6 due to your orators said Brothers Estate, as by a Translate thereof 
hereunto annexed marked N°. 1 will appear as also the said Arbitrators under wrote 
the said Account that there was the further sum of R s . 231. 8. — also due, besides 
the ffreight of a first Voyage to Gongavarum at Eup s . 9, and of a second Voyage 
to Ponde Marka at Rupees 13 for each Grove of Paddy or Rice which said Freight 
amounts to the sum of R s . 150 and makes with the said two before mentioned sums 
the sum of R s . 1529. 5. 6 that is due to the Estate of your orators said Brother 
and your orator further shews that after the said Arbitrators had delivered such 
their adjusted Account and award. He the said Anconah gave a Bond to the said 
John Stratton bearing date the 7 th . day of November 1742 whereby after reciting 
the before mentioned Award or Decision he obliged himself to be accountable to your 
orator for the said money Provided the said Permaul Moodelare should refuse to 
pay the same, as by a Translate thereof marked N°. 2 will appear which said men- 
tioned sum your Orator hath Demanded payment of the said Permaul and also of 
the said Anconah but they have both refused to pay him. Your orator further 
shews that on such refusal applycation was made to Richard Prince Esq 1- , the present 
Chief at Vizagapatam requesting his Assistance to recover the same in whose 
presence the said Anconah gave another Bond to your Orator bearing date the 22 
day of January last whereby after reciting the before mentioned Bond so given 
to the said John Stratton, he obliged himself to go to Madras, settle his Accounts 
with the said Permaul and procure from him the Ballance of your orators Accounts 
or be accountable himself for the payment thereof within the space of three Months 
from the date thereof with this Proviso that if your orator had not his Bonds with 
him at Madras before the Expira of the said three months then this last mentioned 
Bond should be void as by a Translate thereof also hereunto annexed marked 
N°. 3 will appear before the Expiration of which time your orator had the said 
Bond at Madras and has demanded performance thereof "without Effect and your 
orator further shews that the said Arbitrators bv their said award set forth that the 
said Permaul had on false pretences taken a Bond from Dontapillah Tnmiah your 
orators ffather deceased for the sum of R 8 . 414. 10. which ought to be Delivered up t© 
1745—29 



226 Records of Fort St. George 



your Orator and which he hath often Demanded, and hath as often been refused 
the same and now threatned by him to be sued for it. But so it is your Oror 
cannot be relieved in the premisses without the Aid and Assistance of this Hofible 
Court To the End therefore that the said Anconah may upon his Corporal Oath 
true and perfect Answer make to all and singular the matters & things herein 
before set forth as fully truly & Effectually to all intents & purposes as if the same 
were here again repeated and Interrogated & more particularly that he may set 
forth and say whe r . such Arbitrators were not appointed, and whe r . they did not 
state such Account & make such award as is before set forth, and whe r - he did 
not give such Bonds as are before mentioned, as also whether he hath performed 
the same, and if not why he Doth not, and that the said Anconah may be Decreed 
to pay your Orator the said sum of E s . 1529. 5. 6. with Interest and also to Deliver 
or cause to be delivered up the said Bond for Rupees 414. 10 & that your orator 
may have such further and other relief in the premisses as shall be agreeable to 
Equity and good Conscience. 

Rob t . Sloper 



Attorney for the CompP. 



Pleadings in the Mayor's Court, 1745 



227 






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228 Records of Fort St. George 



Though the Accounts stood in the manner above ment d . and the Estate was 
no ways Indebted to Permaul Moodelare yet he pretended that some Interest was 
due to* him on the several Articles in the Credits side, and took a Bond from Doula- 

Rs. Ans. 

pilla Tumiah for the sum of 114. 10. as also that part of Conneca was due to him 
notwithstanding . 

Besides this, Permaul is to give the Estate an account of ffreight at Gonga- 
varam for the first Voyage at R s . 9. $ Garse and the second Voyage at Poindy 
Madaka at Rupees 13 '^ Garse. 

Signed by 

CoORAGYLA NARRAPA. 
LlNGAPA. 

Satte Lingtjm. 
gongoola sanbariah. 

Translated from a Cadjan said to be the Orig 1 . 

Joseph Githin 

Exam r . 

Translate of an Obligation given by Douilla- 
pilla Ancana to John Stratton Esq r . Chief at 
Vizagapatam dated this 7 th . day of November 
1742. 

Wheraas a Dispute arose between me and Antunna on his deeming to be false, 
the Account I gave him by Word of Mouth relating to the concerns between 
Tumoodu Veerapah and Permaul Moodelare to whom I have paid the amount 
thereof Now I do hereby oblige myself to be Accountable, on the said Antummas 
behalf to John Stratton Esq r . chief at Vizagapatam for the Ballance becoming due 
to him in the account Drawn by the order of Sanca Lingapah Narrapah, Tumine 
Suttee Lingum and Gongara Shankariah provided the said Permaul Moodelare shall 
refuse on my advise to repay the Overplus received. 

Witness Ancana. 

Mulla' Muddagulla Oppulla Razu. 
Davoopooja Paupiah. 
drawn by Coluree Vencatashen. 

Translated from a Paper Writing said to be the original. 

Joseph Githin 

Exam r . 

Translate of an Obligation marked B given 
by Doulapilla Ancana to Doulapilla Antunna 
dated This 22 day of January Anno Dni 1743/4 
in the presence of Richard Prince Esq r . Chief 
of Vizagapatam. 

Whereas m the residency of John Stratton Esq r . at Vizagapatam I signed a 
paper in his presence whereby I was obliged to go to Madras to obtain Antunna's 
right from Permaul Moodelare or be accountable myself to him for the payment 
thereof Now I also hereby further confirm such my Obligation in the presence of 
Richard Prince Esq r . now Resident at Vizagapatam, That I will go to Madras. 
Settle my Accounts there with Permaul Moodelare and procure from him the 
HaJfanee of Antunna's accounts or be accountable myself to him for the payment 



Pleadings in the Mayor's Court, 1745 229 

of the same within the space of 3 months from the above date. But if the said 
Antunnah does not bring my Bonds with him to Madras by the Expiration of the 
Term above mentioned, then this obligation is void. This I give with my free. 
Consent. 

Witness Anconah 

Dossaree Caum Chitty. 
Davapojee Paupah. 
drawn by Coochelecontee Ankoo. 
Translated from a Cadjan said to be the original. 

Joseph Githxn 

Exam r . 

18 th . Sep r . 1744. 

The Answer of Ancona now of Madras Mer- 
chant Defendant to the Bill of Complaint of 
Antana of the same place Merchant Compl*. 

The said Defendant now and at all times here after saving and reserving to 
himself all and all manner of Benefit and Exception to the Manifold Errors Imperfec- 
tions Incertainties and Untruths in the Complainants said Bill contained for answer 
thereunto or unto so much thereof as he this Defendant is advised materially doth 
concern this Defendant to make answer unto he this Defendant answereth and 
saith. 

That the Complainant sets forth in his Bill of Complaint That he is both Brother 
and Heir to the deceased Tumidah Veerapah which this Defendant says is false. 

For this Defendant saith that all the Belation that the Complain*, is to the 
deceased Veerapah is, that Timidy Veerapah was married to two of the Complainants 
Sisters, and that they lived all under one Boof and that some days after Timidy 
Veerapah died Intestate, having an own Brother living and at that time was present 
in Vizagapatam, So that the Complainant could not be either Brother or Heir as he 
falsely sets forth in his Bill of Complaint, that he is both, However the Complainant 
possessed himself of all and every the said deceased Timidy Veerapahs Estate and 
Effects ; And this Defendant saith that the Complainant also sets forth in his Bill of 
Complaint that in the life time of the said Deceased Timidy Veerapah He the said 
Timidy Veerapah and one Permaul Moodelare were Concerned together in the way 
of Trade betwixt this and Vizagapatam and that at that time this Defendant was a 
Gomastah to the said Permaul Moodelare which this Defendant says is also false 
And this Defendant says that he being a relation to the deceased Timidah Veerapah 
he did at the request of the said Timidah Veerapah do and Transact whatever Busi- 
ness he the said Timidah Veerapah told him to do. But this Defendant denys that 
at that time which the Complainant sets forth in his Bill of Complaint to have been 
a Gomastah to Permaul Moodelare. 

And this Defendant further saith that after the death of Timidy Veerapah the 
complainant and his Father came to Madras from Vizagapatam, at which time they 
settled accounts which was then depending between the said deceased Timidy 
Veerapah and the said Permaul Moodelare and it appeared at that time that there 
was a Ballance in ffavour of Permaul Moodelare for which the Complainant and his 
ffather Jointly gave a Bond to Permaul Moodelare and afterwards they returned to 
Vizagapatam again. 

Sometime after Permaul Moodelare Employed this Defendant to inspect into 
his affairs at Vizagapatam but not as the Complainant would Insinuate that this 
Defendant was a Gomasta to Permaul Moodelare in his life time of Timidy Veerapah 
and as he falsely sets forth in his Bill of Complainant. 

And this Defendant ffurther saith that in January last M r . Richard Prince 
being then Chief at Vizagapatam did send for this Defendant and asked him why he 
did not discharge the Complainant Antona's debt for which he this Defendant'had 



230 Records of Fort St. George 



given an Obligatory Bond, to which this Defendant said, that he did not know that 
he was any way Indebted to him But said he had signed to a Writing in M 1 '. Strattons 
time to which he was fforced, upon M r . Prince's hearing of which he ordered the 
Compl*. Antana to take his Accounts and to go with this Defendant to Madras and 
there to settle accounts with Permaul Moodelare. The Complainant then said to 
M r . Prince that this Defendant would not go with him to Madras for that he Intended 
to Eun away to Callingapatam, upon which M 1 '. Prince ordered this Defendant to 
give a Writing from under his hand to oblige himself to go with the Complainant 
and for the Complainant to carry his Accounts to Madras, which if the Compl*. did 
not perform then such Writing or Obligation (so given by this Defendant) should 
be void and of none Effect. 

And this Defendant says that pursuant to the above Agreem*. this Defendant 
and the Compl*. did some time after arrive in Madras when this Defendant did often 
Importune the Complainant to bring his Accounts and to settle Permaul Moodelare 
which the Compl*. would never do, Altho' Permaul Moodelare had spoke to him 
several times to that purpose but to no Effect, and at last the Complainant without 
ever saying any thing either to this Defendant or to Permaul Moodelare ffiles a Bill 
of Complaint ag*. this Defend*, in this Honourable Court. 

And this Defendant further says that on his having Notice thereof he did ffee 
an Attorney and having got Copys of the Bill of Compl*., Two Obligatory Notes and 
account Current which the Complainant had lodged against this Defendant and the 
same being given to this Defendant to make a defence thereto this Defendant says 
that in N° 1, which is said to be the accounts settled by the Arbitrators and signed 
by them; This Defendant says that he never chose any Arbitrators, nor does the 
said paper N°. 1 say that this Defendant is to be answerable for the Ballance of 
such account said to be settled by the Arbitrators, N°. 2 on getting the Original 
thereof being in Gentues and taking a Copy of it, the account that is said to be 
settled by Arbitrators, were not Mutually chosen by each party and a Translate of 
which Original which is hereunto annexed for the perusal of this Honourable Court: 
will make it so appear, N°. 3 an Obligation given to M r . Prince and looking over 
the same found it was altered in two places, and this Defendant says that he did get 
from M r . Princes Conicoply the same day a true Copy thereof a Translate thereof 
is hereunto annexed for the perusal of this Honourable Court, and which will make 
it so appear & persons that will be Guilty of such Actions, will stick at Nothing. 

And further this Defendant says that the Complainant sets forth in his Bill of 
Complaint That the Bond given to Permaul Moodelare by him and his ffather, 
ought to be Delivered by him up by this Defendant to which this Defendant says 
that he is no ways accountable for the same they not having given such Bond by 
order or consent of this Defendant but of their own ffree and voluntary Will, as 
being a Ballance due to Permaul Moodelare. 

And Lastly this Defendant says that as he this Defendant did give unto the 
Complainant an Obligation, the purport of which was that the Complainant should 
go to Madras with his Accounts, and there settle and adjust the same with Permaul 
Moodelare, in which the Compl*. has in no wise Complied with Therefore this Defend- 
ant humbly presumes that such obligation is become void and of none Effect. But 
this Defendant humbly prays that this Honourable Court will for a General satis- 
faction be pleased to order the Compl fc . to carry his Accounts and settle the same 
with Permaul Moodelare which when done that the same may be brought and laid- 
before this Hofible Court. 

All which matters and things this Defendant is ready to averr maintain and 
prove the same as this Hofible Court shall award and humbly prays to be hence Dis- 
missed with his reasonable Costs and Charges in this Behalf most wrongfully sus- 
tained. 

William Dumbleton 

Attorney for the Def*. 



Pleadings in the Mayor's Court, 1745 231 

Translate of an Obligation given to John Stratton Esq 1 '. Chief at 
Vizagapatam by Doulapilla Ancona dated this 7 th . day of JNov r . 
1742. 

Whereas a dispute has arisen between me Doulapilla Ancona and Antunna 
on his deeming to be false the account I give him by word of mouth relating to the 
concerns between Timidy Veerapah and Permaul Moodelare. Now I the said 
Dauillapa Ancona, having paid Permaul Moodelare the contents of the said ac- 
counts do hereby oblige myself to be Accountable on the said Antunna's Behalf to 
John Stratton Esq r . Chief at Vizagapatam for the Ballance becoming due to him in 
the Account Drawn by the order of Sanca Lingamah Coragyala Narrapah Tumine 
Ctitty Linguim and Gongala Shankarrah provided the said Permaul Moodelare shall 
refuse on my advice to repay the overplus received. 

Anconah 
Witness 

Mulla Muddagulla Oppulla Razu. 
Davopooja Paupiah. 
drawn by Colure Vencatashen. 

Translated from a Cadjan said to be the Original as near as it will admit. 

Joseph Githin 

Exam r . 

Translate of an Obligation given by Doulla Pilla Ancona to M r . 
John Stratton then Chief of Vizagapatam and Dated the 7 th . Nov r . 
1742. 

Whereas a dispute arose between me and our Antona concerning Timidy 
Verapah which I gave him by word of mouth and also Permaul Moodelare received 
the amount thereof Now you settle and give the account decided and made by the 
means of Sonika Lingamah, Corra Coyala Narrainapah, Tominy Sattee Lingum, and 
Gongula Shankcarra the Contents of which I shall get Permaul Moodelare to pay, 
if not I will pay it. 

Anconah 
Witness 

Mulla Muddgulla Oppulla Rajah. 
Davapujah Paupia. 

Drawn by Coolore Vencatashen. 

Translate of an Obligation given by Ancona to Ancunna in the pre- 
sence of Richard Prince Esq 1 ". Chief at Vizagapatam dated this 22 d . 
day of January Anno Domini 1743/4. 

Whereas in the Residency of John Stratton Esq r . at Vizagapatam I signed a 
paper in his presence whereby I was obliged to go to Madras to obtain Antunnas 
Right from Permaul Moodelare or be accountable to him myself for the payment 
thereof Now I also hereby further Confirm such my Obligation in the presence of 
Richard Prince Esq r . now Resident at Vizagapatam That I will go with Antunma to 
Madras Settle my Accounts there with Permaul Moodelare and procure from him 
the Ballance of Antumna's Accounts or be obliged myself to pay him the amount 
thereof within the space of three months from the above Date' But if the said 
Antunna does not bring the accounts with him or has them to produce at Madras by 
the Expiration of the Term above mentioned Then this Obligation is void This I 
give with my ffree Consent. 

Anconah. 
Witness 

Dorsery Chaum Chitty. 

Devopoja Paupiah. 

Drawn by Dustore Cootsala Cuntee Venkoo. 



232 Records of Fort St. George 



Translated from a Paper Writing said to be the Original. 

Joseph Githin 



Exam?. 



Translate of an Obligation given by Doulla Pilla Ancona to this 
Antana in the presence of M r . Richard Prince Chief of Vizagapatam 
and dated the 22 d . day of January 1743/4. 

Whereas I Gave you a writing in M r . Strattons presence concerning the dis- 
pute between you and me, and thereby I promised to go to Madras, and get from 
Permaul Moodelare your money and pay you, or else I obliged myself to make good 
the same, Now you and I will go to Madras and look over the Accounts with Per- 
maul Moodelare and the Ballance due to you I will make him pay, if I cant, then I 
promise to pay it myself in three months from the date hereof. But if you do not 

come to Madras with your accounts you have no Occasion then to demand any Ball 
from me. Thus I give this obligation of my own frree Will. 

Anconah. 
Witness 

Dausaree Caume Chitty 

Davapujah Paupiah. 
Drawn by Duskera Cutchulla Cuntee Vencoo. 

Replication "I 

i 

and y General. 



Rejoinder J 



Interrogatories to be administred to such Witnesses as shall be 
produced sworn and Examined on the part of the Compl*. in a cer- 
tain Cause wherein Antona is Complainant and Anconah is Defend- 
ant. 

1 st . To all the witnesses Do you know the partys Complainant and Defend- 
ant or either and which of them and how long have you known them or either and 
which of them Declare. 

2 d . To M B . John Stratton, Ponalah Bumiah and Changelriah Do you know 
ought of any Dispute that at any time happned between the Compl*. & Defendant 
concerning any Money or Accounts, what and where such dispute, what Steps were 
taken therein how was the same Concluded, with the whole that you know relating 
thereto according to the best Knowledge and remembrance Declare. 

3 d . To John Stratton do you know the paper writing marked R. S. now 
produced to you, if so, what does the same purport to be, had you the same ever 
in your Custody and for how long, has there been any Alteration made therein since 
the same was signed as you know or believe Declare. 

4 th To all the Witnesses Do you know or can you say any other matter or 
thing material for the Complainant in this Cause, if so, set forth the same as you 
know have been Informed or do believe with the Reasons of such your knowledge 
or Belief. 

Rob t . Slopeb 
r AW. for the Complainant. 



Pleadings in the Mayor's Court, 1745 233- 



Mayors Court at 
Madraspatnam. 

Between Antonah Complainant &. 
Anconah Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

John Stratton of Fort S*. George Merchant aged 41 years or thereabouts be- 
ing produced as a Witness in this Cause on the part of the Complainant was on the 
5 th . day of January 1744/5 shewn at the office of M r . W m . Dumbleton Attorney for 
the Defendant by Connecapa who left a Note of the name Title and place of abode 
of the said John Stratton and afterwards on the same day being sworn and Examin- 
ed Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Com- 
plainant and Defendant 3 years or thereabouts. 

2 d . To the second Interry this Deponent saith that on or about the 22 d . of 
August 1742 He this Deponent being then at Vizagapatam, did receive a Letter 
from M 1 '. W m . Percival wherein he the said M 1 '. Percival did Inclose a Note of hand 
given by the Complainant to Permaul Moodelare for the sum of Rupees 410t6 as- 
near as this Deponent can remember and requested of this Deponent to demand the 
same and when received to pass the said Sum to the Credit of his account, whereon 
this Deponent some few days after sent for the Complainant and demanded payment 
of the said fore mentioned Note of hand who attending did in Answer thereto ack- 
nowledged that he had signed his name to the Bond but when he Executed the 
same he Believed the several Accounts between him and his Father were just and 
true and therefore gave the aforesaid note of hand as & for the Ballance of the 
Accounts between them but that since the Execution thereof he had Examined the 
Accounts in Trade between Permaul and his ffather and found a Considerable Ball- 
ance due and owing to his Father instead of his ffather being Indebted to Permaul 
Moodelare and therefore requested that the said Accounts might be Eeexamined 
by the Merch ts . of that place the said Accounts being at that time in the hands of 
the Defend*, but this Deponent apprehending that the said pretence of Accounts 
was only made by the Complainant in order to evade payment He this Dep*. did 
tell the Complainant that in case he did not pay off and discharge the Bond in a cer- 
tain time which this Deponent then gave him he would put him in prison for the 
said debt. This Deponent further saith that some small time after the Transactions 
aforementioned the Complainant did present a petition to this Deponent requesting 
the several Accounts in the hands of the Defendant might be Re-examined by' Arbi- 
trators to be chosen by him and the Defendant for that great Injustice had been 
done him by the Defendant in producing accounts to Permaul Moodelare which 
were not Genuine and which Occasioned his giving the Bond aforementioned 
whereupon this Deponent did send for the Defendant and acquaint him with the 
purport of the said Petition and at the same time recommended him to referr his 
accounts to be Examined by Arbitrators which the Defendant then declined but 
some days afterw ds . upon the Complainants Declaring that he would abide by such 
award as should be given by Arbitrators upon the Inspection of the Defend* 3 . Ac- 
counts only, he the Defendant consented thereto and accordingly four of the Prin- 
cipal Inhabitant Merchants residing at Vizagapatam were chosen by the Complain- 
ant and Defendant that is to say the Complain*, chose two and the Defendant two 
and it was then and at that time agreed Between the partys that in Case the Arbitra- 
tors so chosen should be Divided in opinion that a fifth should be chosen as an Um- 
pire on both sides. And this Deponent saith that the several Arbitrators so ap- 
pointed having met several times for the Purpose aforementioned did at last deliver 
m their award to this Deponent in favour of the Complainant for the sum of 
R*. 1600 or thereabouts as near as this Deponent can remember. To the third In- 
terry this Deponent saith that he doth know the paper writing now produced and 
shewn him at this his Examination marked R, S. that the same was delivered to this 
1745—30 



234 Records of Fort St. George 



Deponent by the Defendant who did then and at that time declare that it was an obli- 
gation which he voluntarily gave to the Complainant to pay him the sum therein 
ment d . in case Permaul Moodelore should refuse payment of the sum which the 
Arbitrators had awarded should be made good to the Complainant and further saith 
that the said Obligation remained with this Deponent till August last when he deli- 
vered it up to M r . Saunders at Vizagapatam and that the same was not out of his 
possession 'til that time save & except for some days only that this Deponent gave 
it to Paupa Braminy to put into English and this Deponent declares that he doth 
not remember that he ever gave any order for the Defendant to be confined or that 
he suffered any Hardships by Imprisonment or otherwise during this Deponents 
residence at Vizagapatam but saith that possibly he might put the Defendant under 
the Charge of a Peon during the time the several Accounts in dispute between the 
Complainant and Defend*, were under the Examination and Inspection of the Ar- 
bitrators which he apprehends he had a right so to do as Chief of that Settlement. 
This Deponent further saith that some time before he left Vizagapatam for this place 
both the Complainant and Defendant did apply to this Depon*. for their passage in 
this Deponents ship which he consented to and permitted them to put their Necess- 
arys aboard but some ffew days before this Deponents departure the Defendant 
absented himself and went into another Country which this Deponent hopes will be 
deemed a strong proof and a Circumstance consonent to reason that this Deponent 
did not treat the Defendant in the manner, he this Deponent has been informed he 
has sworn to in his answer he delivered into Court for it cannot be suppos'd that 
this Deponent would bring the Defendant upon his (Deponents) ship to Expose 
himself to his Superiours for Male Practices, And this Dep*. also saith for his further 
Justifycation in this affair that he hath never received any Fee Promise or Eeward 
from the Complainant Lett the Event of this Cause be given either for or against 
him in this Court and more saith not to this or the last Interrogatory. 

John Steatton. 
Joseph Githin 

Exam r . 

Pontnalah Baumiah of Vizagapatam Merchant aged 60 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant and after- 
wards being sworn and Examined deposeth as follows. 

1 st . To the first Interry this Deponent saith that he hath known the Complt 
20 years and the Defendant 30 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows a dispute hap- 
pned at Vizagapatam between the Complainant and Defendant about Timidy Veera- 
pahs accounts that four Merchants were appointed two for each party to adjust the 
difference who determined that the Defendant should repay the Complainant in two 
months the sum he had overpaid Permaul Moodelare on Tumidy Veerapahs Account 
by the Defendants order. He further saith that the Arbtrators signed the award 
they had made and afterwards carried it to M r . Stratton then Chief at Vizagapatam 
who asked the parties if they were both contented that they replied they were and 
more saith not to this or the last Interry. 

Baumiah. 
Joseph Githin 

Exam r . 

Chengoieaiah of Vizagapatam Braminy aged 20 j K . or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Deposeth as folK 

1 st . To the ffirst Interrogatory this Dep*. saith That he knows the parties 
Complainant and Defendant and hath so known them seven years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows a dispute hap- 
pened Between the partys at Vizagapatam concerning a sum of money which the 



Pleadings in the Mayor's Court, 1745 235 



Complainant had overpaid Permaul Moodelare on Account of Tumidy Veerapah by 
the Defendants order. He further saith that ffour Arbitrators were appointed two 
for each party to adjust the matters between them who Determined that the Defend- 
ant should repay the Complainant what he had so overpaid Permaul Moodelare in 
two Months which the Defendant promised in the presence of M 1 ". Stratton late 
Chief at Vizagapatam and more saith not to this or the last Interrogatory. 

Changolraiah 

Joseph Githin 

Exam r . 

Additional Interrogatories to be Administred to such Witnesses 
as shall be produced sworn and Examined on the part of the Com- 
plainant in a certain Cause wherein Antonah is Complainant and 
Ancanah Defendant. 
Imprimis do you know the Complainant and Defendant in this Cause or either 
or which of them and how long have you known them or either and which of them 
Declare. 

To Samboo Jaggoo Do vou know ought of any dispute that at any time- 
happened between the Complainant and Defendant concerning any money or ac- 
counts what and where was such dispute did you ever knew or hear of any Confine- 
ment made use of to any person on my Account might it be the nature of it, who to, 
and who by with the particular steps that were taken in the presence dispute and 
how the same was concluded yielding whole that you know relating thereto Declare. 

Do you know or can you say any other matter or thing material for the Com- 
plainant in this Cause if so set forth the same as you know have been Informed or 
do believe with the reasons of such your Knowledge or Belief Declare. 

Rob 11 . Slopeb 
Attorney for the Complainant 

Mayors Court at 

Madraspatnam. 

Between Antona Complainant 
and Anconah Defendant. 
Depositions of Witnesses in this Cause taken by and before the Examiner 
Deposeth as follows. 

Shamboor Juggoo of Vizagapatam Merchant aged 50 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complt was on the 12 th . 
day of March 1744/5 shewn at the Office of M r . William Dumbleton Attorney for 

the Def*. by Connecapa who left a note of the name Title and place of abde of the 
said Shamboor Jaggoo and afterwards on the same day being Sworn and Examined 
Deposeth as follows. 

I s *. To the first Interry this Deponent saith that he hath Known the Com- 
plainant 25 years and the Defendant 30 years or thereabouts. 

2 d . To the second Interry this Deponent saith That he knows a dispute hap- 
pned between the parties at Vizagapatam concerning Account That he never knew 
or heard of any Confinement made use of to any person on any Account He fur- 
ther saith that the dispute was referred to Arbitration and four Merchants were 
appointed two for each party who settled the Accounts and there appeared a Ball- 
ance of 1800 E s . or thereabouts in ffavour of the Complainant. The Defendant 
thereon gave an Obligation in M r . Strattons name wherein he obliged himself to 
recover the above sum of Permaul Moodelare or be accountable himself to the Com- 
plainant for the payment thereof and more saith not to this or the last Interry. 
Joseph Githin The mark of Shamboor Juggoo. 

ExamT. 

1745— 30a 



236 Records of Fort St. George 



' Interrogatories to be Administred to such Witnesses as shall be 
produced sworn and Examined on the part and Behalf of the De- 
fend*, in a certain Cause wherein one Antanah is Complainant and 
one Anconah is Defendant. 
To all the Witnesses Imprimis Do you know the partys Compl*. and De- 
fendant in this Cause, or either and which of them, and how long have you known 
them or either and which of them Declare. 

To Gongabutta Tomiah, Eayalloo Naganah and Manapilla Veerapah Item 
do you know that there was a dispute between the Complainant and Defendant 
some time ago, at Vizagapatam (if yea) what was it about, how long is it ago, has 
the same been adjusted (if yea) in what manner was it adjusted, by whom was it 
adjusted, was there any Bond or Bonds given by one party to the other at the time 
the Adjustment was made (if yea) who gave the Bond or Bonds, who were they given 
to, for what amount were they given were they given freely and without Constraint, 
what sum may be due from one party to the other (if yea) how came such Sum due 
and who is the Debtor and who is the Creditor. 

To all the Witnesses Item do you know or can you say any other matter or 
thing material for the Defendant in this Cause (if yea) set forth the same as you 
know, have heard or do believe, together with such the reason of your knowledge 
and belief Declare. 

William Dumbleton 
Attorney for the Defendant. 

Mayors Court at 
Madraspatnam. 

Between Antana Complain*, 
and Ancona Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner in 
this Court as follows. 

Gongabutta Tomiah of Vizagapatam Conicoply aged 50 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendant was on the 
8 th . day of November 1744 shewn at the Office of M r . Robert Sloper Attorney for 
the Complainant by Connecapa who left a Note of the name Title and place of abode 
of the said Gongabutta Tomiah and afterwards on the same day being sworn and 
Examined Deposeth as follows. 

1 st . To the first Interry this Deponent saith that he knows the Compl*. and 
Defendant in this Cause and hath so known them 20 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows there was a 
dispute between the Complainant and Defendant at Vizagapatam about three years 
past concerning accounts between Permaul Moodelare and Tumidy Veerapah which 
was adjusted by ffour Merchants who determined that the Defendant should repay 
the Complainant the sum he had overpaid Permaul Moodelare on account of Tumidy 
Veerapah by the Defendants order to which purport the Arbitrators obliged the 
Defendant to give a Bond to M 1 '. Stratton then Resident at Vizagapatam. He fur- 
ther saith that he knows not the amount of the Bond or what sum may be due from 
one party to the other neither doth this Deponent know which party is Debtor or 
Creditor otherwise than he has above related or can further say to this or the last 
Interrogatory. 

Joseph Githin Exam r . 

Gongabutta Tomiah. 

Royalloo Naganah of Vizagapatam Carpenter aged 32 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendant and after- 
wards being Sworn and Examined Deposeth as follows. 



Pleadings in the Mayor's Court, 1745 



237 



1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant 12 years and the Defendant 20 years or thereabouts. 

2 d . To the second Interrogatory this Deponent saith that he knows a Dispute 
happned between the Complainant and Defendant at Vizagapatam about a sum of 
money which the Complainant had overpaid Permaul Moodelare by the Defendants 
order, That such dispute happned in M r . Strattons Residency and was adjusted by 
ffour Merchants that the Defendant should recover the sum so overpaid from Per- 
maul Moodelare oi repay it himself to which purport the Def*. was by Constraint 
obliged to give a Bond to M r . Stratton the amount of which this Deponent knows 
not or what sum may be due from one party to the other, That the Defendant is 
Debtor for the sum so overpaid Permaul and the Complainant is Creditor and more 
saith Dot to this Interrogatory. 

To the last Interrogatory this Deponent saith that the Defendant wrote to 
Permaul Moodelare to receive a sum on account of Tumidy Veerapah which Ex- 
ceeded the Ballance due to him but Permaul having obliged the Complainant to pay 
the whole amount of the Defendants order The Complainant therefore Insisted 
on the Defendants repaying him the Overplus he had paid which the Defendant 
refusing the affair was submitted to the determination of ffour Merchants who gave 
it in ffavour of the Complainant and confined the Def*. in the Choultry there 3 days 
and afterwards carried him with a Bond they had drawn to M r . Stratton in whose 
presence the Defendant signed the Bond and more saith not. 

Eayalloo Naganah. 
Joseph Githin 

Exam r . 

Manapilla of Vizagapatam Carpenter aged 17 years or thereabouts being pro- 
duced as a Witness in this Cause on the part of the Defendant and afterwards being 
sworn and examined deposeth as follows. 

1 st . To the first Interry this Deponent saith that he knows the Complainant 
and hath so known him six years and the Defendant he hath also known Six years or 
thereabouts. 

2. To the second Interry this Deponent saith that he knows there was a 
dispute between the Complainant and Defendant at Vizagapatam in M r . Strattons 
Residency about a sum of money the Complainant had overpaid Permaul Moodelare 
by the Defendants order. That the Dispute was referred to ffour Merchants who 
Determined that the Defendant sho d . recover the Overplus from Permaul or repay 
it himself in order thereto the Defendant was confined in the Choultry there till he 
Consented to give a Bond in M r . Strattons name for the sum of 2500 Rupees. This 
Deponent knows not what sum may be due from one party to the other neither can 
he of himself say who is Debtor or who is Creditor further than what he has above 
related and more saith not to this or the last Interrogatory. 

Manapilla Veeranah. 
Joseph Githin 

Exam r . 

Mayors Court at \ 
Madraspatnam. J 

Tuesday the 4 day of June Anno Domini 1745 
Between Antona (Brother and Heir to Tumidah 
Veerapah late of Vizagapatam Merchant De- 
ceased) of Madras Merchant Complainant and 
Anconah of Vizagapatam now residing in Madras 
also Merchant Defendant. 
This Cause coming on this day to be heard and debated before this Court in 
the presence of the partys and their Attorneys on both sides, On hearing the Com- 
plainants Bill with Translates of an Account Current and an award of Arbitrators 
and of two Obligations, one to John Stratton, the other to Richard Prince under 



238 Records of Fort St. George 



the Defendants hand thereto annext, the Defendants answer, with ffour Translates 
of the before mentioned Obligations thereto annext, the Replycation, the Rejoinder, 
also the proofs taken in this Cause read and on Examination of the matters in this 
Cause what was alledged on either side, and due Consideration had thereon, This 
Court doth therefore think fit to order and Decree and doth accordingly order and 
Decree that the Defendant do pay unto the Complainant the full and just Sum of 

a Ks. As. P. 

1529. 5. 6 so much appearing to be due to the Complainant from the Defendant 
according to the before mentioned award and account, together with such Interest 
after the rate of 8 f! Cent .f? Ann as now is or shall hereafter become due thereon 
until full payment is made and also the Costs of this suit, also that the Defendant 
do deliver up the Bond of Doulapilla Tumiah for 414 E s . 10 anas to be Cancelled. 

; $ Cur 

Noah Casamajor 

Reg*. 
Court of Appeals at 

Madraspatnam. as 

Between Anconah of Vizagapatam now resid- 
ing in Madras Merchant Appellant and 
Antonah (Brother and Heir to Tumidy Veera- 
pah late of Vizagapatam) of Madras Merchant 
Respondant. 
This Cause coming on this day being Thursday the 28 th . day of November 
Anno Domini 1745 to be heard and debated before this Court by the Attorneys on 
both sides, Upon hearing the petition of Appeal and answer together with the 
several Exhibits of the Honourable the Mayors Court and the Decree thereof given 
in this Cause on Tuesday the 4 th . day of June last read and upon due Consideration 
had of the matters therein severally contained and of the pleadings and Arguments 
used by the Attorneys on both sides This Court doth think fit to order and Decree 
and doth accordingly order and Decree that the said Decree of the Honourable the 
Mayors Court given in this Cause do stand Confirmed and that the Appellants Peti- 
tion be hence dismissed with Costs. 

$ Cur 

George Pigott 
Clerk of Appeals. 



9* h Ocfr. 1744. 

To THE HONBLE THE MAYORS COURT AT MADRAS- 
PATNAM. 

Humbly Complaining sheweth unto this Hoiible Court your Orator Chandrean 
Spinster residing in Madras, that your Orator and one Siringee was left equally 
Intitled to the Estate and Effects of one Chinno deceased, and your Orator shews 
the said Siringee, tho' the youngest person did foment divers quarrells and disputes, 
in so much that your Oratrix desired a Dividend might be made of the Estate and 
Effects, to which intent your Oratrix was directed to the Cast by the Worshipfull 
Samuel Greenhaugh Esquire, your Oratrix and the said Siringee accordingly applied 
to the Cast, and both partys entred into a Penal Bond to stand to their Determina- 
tion as will appear N°. 1 hereunto annext a Translate of the said Original now in 
your Orators Custody & ready to produce as this Honourable Court shall direct 
bearing date the 27 day of December 1743. 

And your Oratrix shews that during the said Dividend being settled and adjusted 
by the heads of the Cast and while a proper Enquiry was making into the said 
Estate the said Sirengee did Convey away from your Oratrix's dwelling house the 
Bill of sale of the said house, and carry the same to S*. Thoma, and there did Cause 
a pretended Mortgage Bond to be wrote in the name of one Meerdah, a Moorman 
Companion to the said Sirengee who by a Collusion with her, did come into this 
Honourable Court, and Claim the house so said to be Mortgaged and to support the- 



Pleadings in the Mayor's Court, 1745 239 

said pretence the said Siringee did also appear, and confess the Mortgage only to 
withdraw the said house from the Dividend then making and to the intent that it 
should be sold by this Honourable Court under the appearance of a Mortgage, to 
the Intent the said Moorman should receive the money and Convert it back to the 
said Siringee though half the said house is your oratrixs property. 

And your oratrix shews the said Siringee hath also besides the House Bill, 
converted to her use divers other Goods and Effects, in which your Oratrix hath 
the one half, as by an award made in Consequence of the said Penalty Bond, by 
the 15 Heads of your oratrix's and the right hand Cast, of which Ball Chitty is the 
head as will appear by a Translate hereunto annexed marked N°. 2. and bearing 
date the 22 d . day of September 1744 and the Original in your oratrixs Custody and 
ready to produce as this Honourable Court shall direct. 

And your oratrix shews the said Sirengee hath carried away other Goods and 
Effects to the amount of P s . 295 whereas the whole Estate is proved & made appear 
to the Cast to be no more than Pagodas 341, in all, so that the said Siringees half 
share is only 170. 18 and therefore your oratrix demands Restitution of 124. 18 
which is the Difference betwixt what she did carry away, and what she ought to 
have Carried away, as by an Account at Large will appear annex hereunto N°. 3 
and 4 in English Gentoos to which your Oratrix most humbly referrs, tho your 
Oratrix most humbly Conceives she had no Title to move anything off the premisses 
til the Award of the Cast was Given in, and the said Penalty Bond fulfilled, But so 
it is the said Siringee in open Contempt and Defiance of your Oratrix's Cast, and 
without regard to the Penalty she is bound to, and the award made in Consequence 
thereof denies all Submission and absolutely refuses to Give your orator any Satis- 
faction in the premisses. 

To the End therefore that the said Siringee may upon her Corporal Oath true 
and perfect answer make to all and every the matters aforesaid, as fully truly and 
Effectually to all Intents and purposses, as if the same was here again repeated and 
Interrogated and be' Decreed to Restore back the Effects she hath so unjustly carried 
away, or pay the Value thereof as Charged in your Oratrix's Accounts N°. 3.4. and 
that the said Siringee do in her answer say, if she has not signed the Penalty Bond 
annext and marked N°. 1 if she has not carried away such Effects as is laid to her 
Charge, or what part thereof and what power or Authority she hath for so doing, 
and why she refuses to abide by the award of your Oratrixs Cast being half sharer 
with your Oratrix and that your Oratrix may have such further and other relief in 
General, as may be agreeable to Equity and good Conscience. 

Henry Deveil 
Attorney for the Complainant. 

Translate of a Penalty Bond given by Chan- 
drean and Siringee to Naro Ball Chitty and the 
Heads of the Casts called Dacium Varroo and 
Naga Vassum dated this 25 th . day of December 
Anno Domini 1743. 

We Putty Ragees Girls Chandrean and Siringee having lived separate since 
the death of our Mistress Chinne and now desiring Ball Chitty and the heads of the 
Cast called Ducium Vairoo and Naga Vassum to divide the Estate left us by our 
said late Mistress between us, do hereby oblige ourselves to stand by their deter- 
mination on penalty of Forfeiting 24 P s . to the Company, Twelve P s . to the Oast 
called Dacium Varroo and 6 P s . to the Cast called Naga Vassum as also will be 
liable to what punishment they the heads of the Cast above mentioned shall think 
fit to Inflict on us. 

Chandreans mark. 

Sirengee's mark 
Translated from a Cadjan said to be the Original. 

Joseph Githin 

Examiner. 



240 Records of Fort St. George 



Translate of an award by the under written 
the heads of the Cast called Dacium Varroo 
and Naga Vassum for adjusting the Differences 
between Chandrean and Sirengee relating to the 
Estate of China dated the 26 th . September 1744. 

Whereas Chandrean and Sirengee Servants of Chinne, having applied to the 
Worshipfull the Mayor concerning a dispute between them relating to Chinnes 
Estate, was referred to the heads of their Cast, for the adjusting the same, We 
therefore the under written of the heads of their Cast called Dacium Varroo and 
Naga Vassum having Examined into the matter do find that they have both an equal 
right to Chinnes Estate and Effects & that Sirengee had no Authority to Mortgage 
any part thereof without Chandreans consent (This the person who received the 
Mortgage was sensible of) We therefore proceeded to make the several following 
Divisions of Chinne's Estate and Effects between them Viz*. We have ordered the 
house to be equally Divided, that is to say, the house being valued at P s . 115. & 
P s . 12 being due thereon for Rent the whole amounting to P s . 127 to each her 
share 63. P s & \ and that Siringee Did release the mortgage she has let on the said 
house out of her share and further finding that Chandrean has but 34 P s . of Toys 
and that Siringee has 130 P s . in Toys the whole amounting to 164 P s . We have 
ordered that Siringee give Chandrean, of her Toys to the amount of 48 P s . as also 
that the Household Furniture be Equally divided, The four Slave Girls, Viz*. 
Eterajee, Tremila, Moocundee and Ranjee, We have Divided as follows to Chand- 
rean, Eteragee and Moocundee who are to have her Estate and Effects after her 
decease, And to Sirangee Eangee, and Timidy who are also to Enjoy her Estate, 
as Siringee Asserts that she has laid out 40 P 3 . in house Expences on account of 
both, We have ordered provided she either proves or will take an Oath to the Truth 
thereof, that she is reimburst the half 20 P s . This is our determination or award. 

Signed by 

Ball Chitty. Banker. 

Goomare pooinda Comorah. Bosswa Lingum mark. 

Mungala Poge Serevapah. Nadaraien. 

Moortee. Mile Vencatachelum. 

Aunantapah. Tingala Pariah. 

Trupatee Ravenapah. Cheddala Varry Reddy mark. 

Corpolee Govindoo. Copolee Aniah. 

Naiacum. 

/ 
Teanslated from a Cadjan say'd to be the Original. 

Joseph Githin 

Excm r . 



Pleadings in the Mayor's Court, 1745 



241 



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Pleadings in the Mayor's Court, 1745 243- 



18 th . December 1744. 

The Answer of Siringee of Madras Defendant 

to the Bill of Complaint of Chandrean of the 

same place Complainant. 

The said Defendant now and at all times hereafter saving and reserving to- 

herself all and all manner of Benefit and advantage of Exception to the manifold 

Errors Uncertainties and Imperfections in the Complainants said Bill contained 

for answer thereunto or unto so much thereof as she this Defendant is advised 

materially concerns her this Defendant to make answer unto, she this Defendant 

Answereth and saith. 

That she being Younger then the Complainant Chendrean, therefore all that 
was Valueable the Complainant had the Charge of; and this Defendant saith that 
upon her Mistresses decease the Complain*, took into her possession all the Toys 
and put them in a Box, and before the Corps was carried out of the House the Com- 
plainant conveyed away the said Box of Toys by the Assistance of some of her 
Intimates, That afterwards aggravated this Defendant so much, that she this 
Defendant insisted on a Dividend being made of the Estate and Effects but the Com- 
plainant deferred so to do, and this Defendant thinking in time she should be Ruined, 
did therefore make a Complaint to the present Mayor who sent for the Complainant 
and he having Examined into the affair referred the same to Ball Chitty and the 
rest of the heads of this Defendants Cast, who Summoned this Defendant, who 
appeared, and Ball Chitty insisted on this Defendants signing a Penalty Bond to 
stand to his Decision and believing him to be Impartial did sign the said Penalty 
Bond. 

And this Defendant saith that upon relating to Ball Chitty the subject matter 
he in a private manner demanded from this Defendant 20 P s . but this Defendant 
not being able to give him that sum, did give him but five, and to his Brother Ran- 
gapah 30 fanams which was accepted of and afterwards this Defendant says she 

Ps. fis. 

gave to Ball Chittys Servant Latchema Narrain 2. 15 but not being satisfied 
with what this Defendant had given them, and not having wherewithal! to Satisfy 
Ball Chitty in his Extravagant Demand He therefore for the Lucre of Gain 
Espoused the Cause of the Complainant and without any further Examination did 
Determine this Defendant to pay unto the Complain*, the sum of P s . 295 for 
which there was no meeting of the Cast but was so determined b}^ Ball Chitty him- 
self who caused a written paper to be sent about and signed by the rest of the Cast 
at their own houses, this Defendant knowing nothing of the matter. 

And this Defendant saith that what the Complainant set forth about this 
Defendants Mortgaging the house is false, for this Defendant says that the house 
was first of all Mortgaged by her deceased Mistress to a certain Noquedah for 
P s . 30 and after this Defendants Mistresses death the said Noquedah being very 
pressing for his money did Mortgage the said house to one Enaum Chitty for 
Pagodas 61 and gave a Bond for the same in one Meerdahs' name and afterwards 
this Defendant paid the said Noquedah his P s . 30 and for the other P s . 31 it went 
towards Expences sometime after Emaum Saub wanting his money did sue this 
Defendant in this Honble Court upon the said Mortgage Bond, and upon this Defend- 
ants appearing in Court, and acknowledging the "Debt Judgment was Given for 
the plaintiff and the house was ordered to be sold to pay the Debt, The house was 
sold for P s . 131 which money was deposited into this Honourable Court where the 
same now remains, And this Defendant saith that in the Interim the Compl*. styles 
her Bill against this Defendant for P s . 295 which put a stop to Emaum Sauibe's 
being paid his money til such time as this affair should be Decided. But this 
Defendant prays this Honourable Court will be pleased to pav the said Emaum 
Saub his Money due on the Mortgage seeing that the said House was Lawfully Mort- 
gaged to him and for which this Defendant can Bring sufficient proof. 

But this Defendant denies all and every other Article set forth by the Com- 
plainant in her Bill of Complaint All which matters and things this Defendant i«. 
1745—32 



.24-1 Records of Fort St. George 



ready to Aver maintain and prove the same as this Honourable Court shall award, 
.and humbly prays to be hence dismissed with her Reasonable Costs and Charges 
in this behalf most Wrongfully sustained. 

William Dumbleton 
Attorney for the Defendant. 

5 th . March 1744. 

The Replycation of Chendrean to the answer of 
Siringee. 

The Repliant saving to herself all advantages of Exception to the Incertainties 
Untruths and Imperfections of the Defendants Answer for Replycation thereunto 
saith that all and singular the matters and things in this Defendants Bill Contained 
.are true as is therein alledged and that the Answer of the said Defendant to the said 
Bill is very untrue Imperfect and Insufficient to be replied unto And this Repliant 
also saith that the Defendant very widely departs from the Substance of the Bill 
and endeavours to Evade answering the Material points laid to her Charge by fram- 
ing a Slanderous and fictitious Story against Ball Chitty which if really true is of no 
Importance to the present Demand. 

The Defendant Charges Ball Chitty with no less then Bribery and Corruption 
and under that pretence she would Insinuate she is unjustly condemned to pay 
295 P. 

How could the Defendant charge Ball Chitty and his Award with Injustice 
when she never waited the Event of his Judgment but revoked her assent to the 
Penalty Bond without so much as knowing what was determined or what reason 
ean the Defendant have for Rejecting this award when she has full Credit given her 
for half the deceased's Estate as "$ the Account Annext to the Bill of Complaint. 

The Defendant very unjustly tells the Court that she is to pay 295 P 8 . but she 
says nothing of what she carried away. 

She is Charged by the Bill of Complaint with Carrying away a large Quantity 
of Toys belonging to the Estate but she never Answers to the purpose Whe r . she 
did or did not. 

She is Charged with having in her Custody the Slave Wenches belonging to the 
Estate but she never Answers to the purpose Whether she hath or hath not. 

She is Charged with divers other things the answering of which truly will 
manifest why she is Condemned by the award to pay 295 Pagodas and will also 
shew that Ball Chitty has done them no Injustice But instead of Answering the 
several points in Question the Defendant slips by all she is Charged with, and creates 
a new story to draw the Courts attention from the Original matter of Complaint 
which in ffact ought to be answered ffirst and then the Defendants new Complaint 
may be told. 

This Repliant humbly Conceives the Intent and purpose of an Answer under 
Oath is to purge the Defendant out of what is for the Information of this Honourable 
Court and to Give a true light into the matters in Question so as to make it ripe for 
Judgment, but how shall this be Brought to pass if the Defendant Evades the 
answering of what is in Question and proceeds to new matter before the former is 
debated this is an Artfull and Common practice of late fallen into by the Inhab- 
itants and which is humbly offered to the Notice of this Honourable Court. 

The Defendant tells a fine story about a house being Mortged by her deceased 
Mistress that it was Transferred to another hand and that 31 P 8 . were spent in house 
Expences and the like. 

This Story is not any ways adapted to the substance of the Bill which possitively 
Charges the Defendant with having privately conveyed away the Titles of the 
house since the Mistress died, and before the award was made, That the said Titles 
were by the Defendant carryed to St. Thoma, these Charges refers to the living 
Defendants Transactions but they answered with a Story of the Dead Mistress. 



Pleadings in the Mayor's Court, 1745 245- 



Lastly this Eeplyant is in quest of her property and therefore it does not 
Import this Eepliant what the Defendant said or gave to Ball Chitty or what he 
said or received of her only this Eepliant begs leave to observe the Giver is little 
Inferior to the Eeceiver in Corruption for tis humbly presumed a Cause is very bad 
that must be supported with Bribery, but the several Accounts annext is sufficient 
to shew by the Bill of Complaint that the Defendant is Charged with nothing but 
what she ought to pay. 

Henry Deveil 
Attorney for the Complainant. 

The Eejoinder of Siringee to the Eeplycation 
of Chendrean. 

This Defendant now and at all times hereafter saving & reserving to herself 
all and all manner of Benefit and advantage of Exception to the Incertainty and 
Insufficiency and Untruths of the said Eeplycation saith, that the Defendants said 
Answer is certain true and sufficient in the Law to be replied unto and she also saith. 

That the Eepliant set forth in her Eeplycation that the Def [endant] Charges 
Ball Chittys award with a great deal of Injustice, and [...] had no Patience to wait 
the determination but Eejected her Determination] [...] the Penalty Bond to 
which this Defendant says, that when first Ball [Chitty] took the Penalty Bond from 
both Plaintiff and Defendant it was then read to this Defendant wherein it was men- 
tioned that both parties were to abide [by] the Decision of Ball Chitty and the heads 
of the Cast Called Dacium Varroo and this Defendant being Ignorant of Letters 
did only set her mark thereto and the same was left in the hands of Ball Chitty and 
this Defendant says that a Copy thereof being annext to the Eepliants Bill this Defend- 
ant had a Copy thereof wherein was made mention that the parties were to abide- 
by the Decision of Ball Chitty and the Heads of the Cast called Dacium Varroo and 
Nassa Vassum which Words Nassa Vassum signifys Musicians, and was not men- 
tioned in the Original Penalty Bond to which this Defendant signed to, and this- 
Defendant says that afterwards Ball Chitty of his own accord Drew up an Award 
(without Consulting the heads of their Cast) to which he signed and sent the same 
to Naga Vassam otherwise called Musicians and got them to sign the same although 
the heads of Dacium Varroo should have signed their names agreeable to the Penalty 
Bond and not Naga Vassum But had this Defend*, and the Eeplyant belonged to 
the Gentoo Pagoda or been brought up to dancing, so as to have been obliged to- 

attend the Church, then the Differ, in dispute must have been decided by Naga 
Vassum, but the Case is quite different with this Defendant and the Eepliant For 
they were neither brought up to the Pagoda, nor to any Dancing, but were ladies 
of pleasure and for which reason this Defendant rejected the aforesaid award. 

The Eeplyant says further in her Eeplycation that this Defendant makes no- 
answer to her Charge set forth in her Bill of Complaint of this Defendants Confisti- 
cating away a large Quantity of Toys. The reason of which was, because this Defend- 
ant rejected Intirely the award. But since the Eeplyant Insists on this Defendants 
giving an account thereof she this Defendant set forth and says, That about 12 
years before the death of this Def ts . Mistress, she this Defendant went to Saint Thome 
and was there kept by a certain person, and the Eepliant continued with her Mistress 
and had the Care and Charge of everything and this Defendant says that about two 
days before the death of her said Mistress she came to see her and after her Decease 
as this Defendant and others were making lamentation over the Corps the Eeplyant 
Conveyed from her Mistresses Chamber a Escrutore in which was kept all the Toys 
and money belonging to her said Mistress and Carried the same into her own Chamber, 
and after the ffuneral Ceremony was over this Defendant asked the Eeplyant what 
she had done with the Escrutore, when she produced it, and opening the same in 
the presence of all the House people she shewed to this Defendant as follows Viz*, 
in V s . U in ffanams two, Pagoda Eupees 12 and in Jewells to the Value of P s . 28 
all which she put again into the Escrutore and kerjt the same in her Possession and 

1745— 32a 



24u Records of Fort St. George 



a little while after this Defendant returned again to Saint Thome. Some time after 
this one Moodu who had been bred up by this Defendants Mistress in the ffamily 
went to the Eeplyant and made a demand of a Dividend of the Estate upon which 
the Eeplyant came to S*. Thoma to this Defendant and desired this Defendant to 
be with her in making up the said matter but there being P s . 55 wanting to Defray 
the Charges in Settling the said matter, the Eeplyant therefore sold part of the 
Jewels to the amount of P s . 24 and for the remaining P s . 31 this Defendant with 
the Approbation of the Eeplyant did Borrow that sum from one Meerdah and so 
Cleared the Dispute with the said Moodu, and therefore this Defendant humbly 
begs of this Honourable Court to observe the Great Imposition of the Eepliant in 
Charging this Defendant with Pagodas 130, worth of Toys, which the Eepliant says 
this Defendant carried away, but never gave any List or Account of such Toys, and 
therefore this Defendant protests against the said Allegation and says that the same 
is absolutely false. 

And ffurther the Eeplyant Charges this Defendant with having Conveyed away 
ffour slave Wenches and debts this Defendant P s . 50 for them very unjustly; For, 
Eterajee and Trimmalee were purchased by this Defendants deceased Mistress, and 
after their Mistresses death being used ill by the Eeplyant they left her and came 
to this Defendant and as to the other two Girls Mocundee and Eanjee they did not 
belong to the Family For this Defendant says that the person who kept her, having 
Purchased several Slaves he did dispose of them all again save only the aforesaid 
Mocundee and Eanjee whom he left with this Defendant, but on Condition to have 
them again at Pleasure, and so in the Issue of this Cause it will be found to be a very 
great Imposition, and purely to Vex and Injure this Defendant by a Litiguous suit, 
ffor this Defendant Declares that very Charge of P 8 . 50, to be absolutely ffalse. 

Again the Eepliant Charges this Defendant with having made away with divers 
other things but makes no mention of what, But this Defendant leaves it to the Judg- 
ment of this Honourable Court how that possibly could be when this Defendant lived 
intirely at S*. Thoma and seldom or ever came to Town, and that the Eeplyant 
always had the Care and Charge of everything and therefore that Article is likewise 
ffalse. 

In answer to the Eeplyant concerning the Mortgage of the house & of Charg- 
ing this Defend*, with Pagodas 115 for this Defendant says, when the Defendants 
Mistress was alive she Mortgaged the said house to a certain person for P s . 30 and 
after her Decease the same person being pressing on the Eepliant for his money and 
the Eeplyant wanting P s . 31 More to Clear accounts with Moodu as aforementioned 
she the Eeplyant therefore desired of this Defendant (if possible she could) to take 
up of any one the sum of P s . 61 & she would readily Consent to Mortgage the House 
and dehver up the Titles thereof upon which this Defendant borrowed and received 
from one Meerdah the sum of P s . 61 and the Titles of the house were Delivered over to 
him, & the said Pagodas 61 was paid by the Eeplyant to the before mentioned 
Creditors; Since which the said Meerdah hath sued this Defendant in this Hoiible 
Court upon the Mortgaged Premisses and obtained a Judgment thereon and the 
money arising from the Sale thereof the same was deposited in the Cash of this 
Hoiible Court where it still remains, and by all which it plainly appears that this 
Defendant is greatly aggreived In being Charged with the sum of P s . 115 account 
of the aforesaid house, and as for the Eeplyants alledging that this Defendant 
Clandestinely Conveyed away the Titles of the said House and Carried them away 
to S*. Thome, This Defendant says is false and absolutely denies the same. 

And Lastly as for the P s . 295 the whole amoimt of what this Def*. is Charged 
with by the Eepliant in her Bill of Complaint, the Defendant denies all and everv 
Article thereof and for the foregoing reasons did object against the award, And 
therefore this Defendant humbly begs of this Honourable Court to send for the 
fforged Penalty Bond now in the hands of Ball Chitty by which it will plainly appear 
that the same is such by sufficient Witnesses which this Defendant can produce. 

And this Defendant saith as in and by her said Answer she hath alreadv said 



Pleadings in the Mayor's Court, 1745 247 



and does and will aver and maintain all and Every thing and things therein Contained 
to be true and certain in such manner and form as the same is therein and thereby 
set forth alledged and Expressed. 

William Dumbleton 
Attorney for the Defendant. 

Interrogatories to be Administred to such 
Witnesses as shall be produced sworn and Exa- 
mined on the part and Behalf of the Complain*, 
in a certain Cause wherein one Chanderan of 
Fort S*. George is Complainant and one Syringee 
is Defendant. 

Imprimis do you know the parties Complainant and Defendant in this Cause or 
either and which of them and how long have you known them or either and which 
of them Declare. 

To Nairro Ball Chitty, Anantuppah, Terreputtee Ravanahpah, Gopaul 
Govindah, Baucker Do you know the Cadjans now shewn you at the time of your 
Examination marked HD N°. 1. 2 if Yea, is your name to either of them, and which 
of them set forth and say at large by what means and how these Cadjans arose and 
what hath past thereon from time to time set forth all you know, all you have seen, 
heard, or do Believe touching the present Matters in dispute between Chandrean 
on the one part and Siringee on the other part and particularly say if either party 
is indebted to the other, and which is the Debtor and which the Creditor how much 
the sum, is, and to whom due, and from whom, set forth the reasons of such your 
Knowledge or Belief Declare. 

Henry Deveil 

Attv. for the Compl*. 

Mayors Court at 
Madraspatnam. 

Between Chandrean [Complainant] 

and Siringee Defendant. 

Depositions of Witnesses in this Cause [taken by] and before the Examiner 
in this Court as follows. 

Nairo Ball Chitty of Madras Ruby Merchant aged 6[...] Years or thereabouts 
being Produced as a Witness in this Cause on the part of the Complainant was on 
the 10 th . day of August 1745 shewn at the Office of M r . William Dumbleton, Attor- 
ney for the Defendant by Connecapa who left a Note of the Name Title and place 
of abode of the said Nairo Ball Chitty and afterwards on the same day being Sworn 
and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he knows the Com- 
plainant and Defendant and hath so known them 2 years or thereabouts. 

2 d - To the second Interry this Deponent saith That he knows the Cadjans 
now shewn him at this his Examination marked N°. 1 & 2 which arose as follows. 
The partys having Complained to M r . Greenhaugh he sent them to this Deponent 
and the heads of their Cast That they having taken the Penalty Bond contained 
in the Cadjan marked N°. 2 to oblige the par[ty] to stand by their Judgment Ex- 
amined into the matter and determined that their Mistresses Estate should be Equally 
shared between them That the Cadjan marked N°. 1 contains their Award which is 
signed by this Deponent and the Heads of their Cast then present. He further 
saith that the Complainant is Indebted to the Complainant but cannot say in what 
sum and more Saith not to this or the last Interrogatory. 

Nairo Ball Chitty. 
Joseph Githin 

Exam r . 



243 Records of Fort St. George 



Annantuppah of Madras Dancing Master aged 60 Years or thereabouts being 
produced as a Witness in this Cause on the part of the Complainant and afterwards 
being Sworn and Examined Depose th as follows. 

ffirst. To the first Interry this Deponent saith that he hath known the Com- 
plainant and Defendant 2 years or thereabouts. 

Second. To the second Interry this Deponent saith that he hath known the 
Cadjans shewn him at this his Examination marked N°. 1 & 2, that they arose as 
follows, the partys having had a dispute applied to Ball Chitty and who sent for this 
Deponent and others the heads of their Cast to assist him in adjusting the same He 
further saith that after they had taken the Penalty Bond taken contained in the 
Cadjan marked N°. 2 to oblige the parties to abide by their Decision they Examined 
the matter and Examined that their Mistresses Estate should be Equally Divided 
between them that the Cadjan N°. 1 contains their Award which is signed by this 
Deponent and the rest of the Arbitrators. He ffurther saith that the Defendant is 
Indebted to the Compl fc . but cannot say in what sum and more saith not to this or 

the last Interry. 

Joseph Githin Anantappah. 

Exam T . 

Teereputtee Eavenapah of Madras Dancing Master aged 50 years or there- 
abouts being produced as a Witness in this Cause on the part of the Complainant 
and afterwards being sworn and Examined Deposeth as follows. 

1 st . To the first Interrogatory this Deponent saith that he hath known the 
Complainant and Defendant 15 years or thereabouts. 

2 d . To the second Interry this Deponent saith that he knows the Cadjans 
now produced and shewn him marked N°. 1. and 2 and that they arose as follows. 
The partys having had a Dispute applied to Ball Chitty who sent for this Deponent 
and others the heads of their Cast to Assist him in adjusting the same He further 
saith that after they had taken the Penalty Bond cont d . in the Cadjan marked N°. 
2 to oblige the parties to abide by their Decision they Examined into the matter and 
Determined that their Mistresses Estate should be Equally shared between them 
that the Cadjan marked N°. 1 contains their award which is signed by this Depo- 
nent and the rest of the Arbitrators. He ffurther saith that the Defendant is In- 
debted to the Compl*. but cannot say in what sum and more saith not to this or the 
last Interry. 

Terreputtee Eavenapah. 
Joseph Githin 

Exam r . 

Baucker of Madras Dancing Master aged [40 years or] thereabouts being 
produced as a Witness in this Cause on the [part of the] Complainant and afterwards 
being sworn and Examined [Deposeth as] follows. 

1 st . To the first Interrogatory this Deponent saith that he has known the 
Complainant 20 years and the Defendant 8 years or thereabouts. 

2 d . To the second Interry this Deponent saith that the Cadjans now pro- 
duced and shewn him marked N°. 1 and 2 are as follows. The parties having a 
dispute between them about the Division of their Mistresses Estate complained to 
the heads of their Cast, and obliged themselves to submitt to their Decision by the 
Penalty Bond now shewn marked N°. 2. He further saith that the Cast Examined 
into the matter and determined that their Mistress Estate should be equally shared 
between them That the Cadjan shewn him marked N°. 1 contains, their Award and 
is signed by this Deponent. He further saith that the Defendant is indebted to the 
Complainant in the sum of 111 P s . having received no more of her Dividend than 
34 P s . and more saith not to this or the last Interrogatory. 

Joseph Githin Ba ticker. 

Exam r . 



Pleadings in the Mayor's Court, 1745 249 

Between Chandrean Complain 1 . 
v 8 .. 
Siringee Defendant. 

To THE HONBLE THE MAYORS COURT AT MaDRASPATNAM. 

In Pursuance of an order made in this Cause on the 10 th . Instant I have stated 
an account of the matters in Dispute as I was thereby Directed and do find that the 
Defendant Syringee is indebted to the Complainant in the sum of 28 Pag 3 , and that 

P s . f. c. 
there remains to be Divided between the partys the sum of 36. 3. 44 for residue 
of the produce of the house mentioned in the pleadings in this Cause, and [...] 
Slave Wenches if alive, to be Divided between the partys as also the House ffurni- 
ture, as will appear to this Honourable Court by the Accounts hereunto annext all 
which I humbly Certify to this Honourable Court Witness my hand in Fort S*. 
George 17 th . December 1745. 

Noah Casamajob. 



250 



Records of Fort St. George 



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ADDENDUM. 

India Office Transcripts. 
I.O. Volume, Range 328, Vol.. 79, pp. 51-92. 

To the Honorable the Mayors 
2 D . April 1745. Court at Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Orator 
Vencatachelum son of Maudera Voiel Vencatopatty Naigue That One Veera- 
tall Widow, and in possession of her late husband Aunde Chittys Effects, she 
now residing in Madras, as doth your Orator ; That the said Veertall being in 
want of Money requested a Loan from your Orator, whereupon your Orator did 
advance & lend to the said Veeratall the full and Just Sum of Forty Pagodas to 
secure the repayment of which, the said Veeratal did Sign and give to your 
Orator One Cad j an Note or Writing bearing date in Madras the 17 November 
1744 wherein the said Veeratall Mortgages her house as a further Security for 
the repayment of the beforemention'd sum and notwithstanding no Interest is 
mentioned in the said obligation your Orator prays the usuall Interest may be 
allow 'd thereon, Translate of the said obligation is hereunto annex 'd for the 
Inspection of this Honble Court and your Orator prays that the same may be 
admitted as part of this your Orators Bill of Complainant 

and your Orator Shews he has often in the Most friendly Manner 
requested of the said Veeratall to discharge her obligation to your Orator. 
But now so it is. May it please this Honourable Court the said Veeratall has 
given your Orator no Satisfaction in the premisses* 

To the End therefore that the said Veeratal may upon her Corporal Oath 
True and perfect answer make to all and several the Matters aforesaid; as fully 
and truly to all intents and purposes as if the same were here again, repeated 
and Interrogated and be Decreed to pay your Orator the Principal Sum Lent 
her, together with the usual Interest that may become due thereon, & that Your 
Orator may have Such further and other releif as shall be agreeable to Equity 
and Good Conscience. 

Rob 1 ?. Sloper, 
Attorney for the Complainant. 

17 th . November 1744 Madraspatnam. 

I Veeratal Aunde Chitty's Wife do hereby acknowledge to have Borrowed 
and Received of Vencatachelum Son of MaunderaVoiel Vencatopatty Naigue 
the Sum of Forty Pagodas Current of Madras for securing the repayment of 
which Sum on demand I. Mortgage my house with the Bill of Sale thereof 

Veeratall s Mark. 

Witness 

Bosshacorra Chitty 

Vencatashia Moodelare 
drawn by Gunnaputty. 

Translated from a Cad j an said to be Original 

Joseph Githin Exam 1 . 

Mayors Court at 
Madraspatnam. 

Tuesday the 9 th . day of April Anno Domini 

1745 Between Vencatachelum of Madras 

Dubash Complainant and Veeratall 

Widow of the Same place Defendant. 

On Reading the Complainants bill with Translate of a cadjan Mortgage 

bond under the Defts. hand dated the 17 th . November 1744 for Pagodas 40 there- Ps. 40, 

to annext, The Defendant appeared in Court and acknowledged the execution of 

1745—33 



ii Records of Fort St. George 



the said bond and the justness of the Complts. demand, and on due Considera- 
tion had, This Court doth therefore think fit to Order and decree, and doth 
accordingly Order and Decree, That the Defendant do pay unto the Complain- 
ant the full and just Sum of Forty pagodas Current of Madras, being the princi- 
pal Money of the aforesaid bond together with such interest after the rate of 
•eight ;$ Cent ,f) annum as now is or shall hereafter become due thereon until 
full paym*. is made and also the Costs of this Suit; and on default of payment 
-at or before twenty one days from the date hereof, That the Mortgaged premises 
be sold and the Money arising from such sale paid unto the Complt. in and 
towards the discharge of his said Debt and costs. 

$ Cur. 

Noah Casamaijor, 

Reg*. 

To the Honourable the Mayors 
30 th . August 1743. Court at Madraspatnam. 

Humbly Complaining Sheweth to this Honourable Court, your Orator, 
Mullinga Kisnamah Merchant of Madras, that one Ninapah, and his Father 
also both of Madras but Deceased, having had Various and Sundry Dealings 
with your Orator, and your Orators father, in His Lifetime, there has arose 
from time to time Considerable Dealings betwixt the two familys of the said 
Ninapah, and your Orator, insomuch that to this Day the Estate of the 
said Ninapah Deceased Stands indebted to your Orator, in the sum of three 
hundred and Sixty Seven Pagodas Twenty four Fannams and Fifteen Cash, and 
your Orator shews the said Ninapah has Left behind him a Widow and son in 
law, who are his Heirs but, there is also four trustees appointed to take care of 
the said Estate, and who are properly accountable to your Orator on the De- 
ceaseds behalf whose names are as follows Viz*. Woodundee Moodeleare, Mila- 
pore Comerapah, Nelanah Moodelare & Iya Thombee Moodeleare which four 
Persons your Orator Prays may appoint two refferees and your Orator two others 
who may Inspect your Orators Account hereunto annext, which your Orator 
Prays may be a part of your Orators bill of Complaint, but your Orator shews 
there is a Bond of your Orators fathers outstanding in the Hands of the said 
Ninapahs family or trustees Given for the Sum of one hundred Pagodas wrote 
in the name of Mullinga Vengonah. Now your Orator is informed That the 
said trustees or some of the said Ninapahs' family intends to put the said Bond 
in Court, against your Orator though your Orator has Given Due Credit for 
the same on the Credit side of the Account hereunto annext to which your Orator 
most humbly refers and your Orator shews the said Suit is Commenced on pur- 
pose to make your Orator take an Oath, which rather than Do your Orator has 
Several Times Given up his right & Property and the said Ninapahs' family 
being informed of that is resolved to perplex your Orator with a Litigious and 
Unnecessary Suit, which your Orator humbly hopes and prays his Honourable 
Court will reject and Set asside because Credit is allready Given for the said 
bond and that is all the releif that can be Desired, and all your Orator's Desire 
is that all Accounts Depending may be Inspected which your Orator hath fre- 
quently Desired but without Effect. 

To the End therefore that the said Trustees may upon their Corporal Oaths 
true and perfect answer make to all and Every the matters aforesaid as fully 
truly and Effectually to all Intents and purposes as if the same was here again 
repeated and Interrogated and be Decreed to pay your Orator the said Bal- 
lance due on your Orators Account and that your Orator may have such further 
& other releif in the premisses as may be agreeable to Equity & good Con- 
science. 

Henry Deveil, 
A ttorney for the Comvloinant. 



Pleadings in the Mayor's Court, 1745 



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SB Records of Fort St. George 

11™. October 1743. 

The Joint Answer of Woodundee Modelare 
Milapore Conrapah, Nellana Modelare & 
Aya Tomby Modelare of Madras Mer- 
chants Trustees to the Estate of Ninapah 
deced. and Defendants to the Bill of Com- 
plaint of Mullinga Kisnama of Madras 
Merchant Complainant. 

These Defendants now and at all times hereafter saving and reserving 
to themselves all and manner of benefit and advantage of exception to the many 
Errors, uncertainties, insufficiencys & untruths in the said Bill of Complaint 
contained, for Answer thereto or to so much thereof as these Defendants are 
advised doth Materially concern them to make Answer unto They these Defts. 
•answer & say 

That they acknowledge they are Trustees to the Estate of Ninapa deceased, 
and that they were appointed by their Cast and these Defendants further say 
that when Ninapa departed this life, having left no Male Children nor Will 
behind him, the Cast upon application made to them by his Creditors examined 
into his affairs, and Settled everything relating to his Estate and Family : at 
which time they found a Bond amongst the said Ninapas writings for one 
hundred Pagodas, which Bond had been given by the Father of the Complain- 
-ant to the Father of the said Ninapa; The Cast thereupon demanded from the 
Complainant payment of the abovementioned one hundred Pagodas with Inter- 
est ; who replied that upon the Face of his Accounts it appeared, that Ninapa 
stood indebted to him in a much larger Sum than the said Bond amounted to; 
the Cast then Sent for his Accounts & perused them & asked the Complainant 
why he had not taken up the Bond and adjusted Matters with Ninapa; For 
Ninapa after his Father's Death had been Choultry Conicoply twenty two 
years, and lived some time after that in very good circumstances. This is the 
Substance of what passed between the Complainant & the Cast. But besides 
the Bond beforementioned, the Cast found upon inspecting Ninapa's Accounts 
that he had regularly enter' d the said one hundred Pagodas running at the 
Interest of nine $ C. $ annum but found not the least mention of any Debt 
due from Ninapa or his Father to the Complt. or his Father. These Defend- 
ants beg leave to make some observations on the Complainants Bill and account 
and the Case as it stands with respect to the said Complainant. 

In the Account produced the Bond for one hundred Pagodas is acknowl- 
edged and dated on the Credit side December the 25 th . 1705 after which 
Several other Sums are allowed Credit till the year 1708 September the 12 th . 
all which together with the Bond aforesaid amount to the Sum of Pagodas 
282.4. The Debit side begins in the aforesaid year 1705 December the 30 th . 
and this Honourable Court will please to observe, that on October 1708, or the 
Month after the Credit side ends, Ninapa had received considerably more than 
was due to him. This then was the proper time to take up the Bond, when by 
this pretended Account Ninapa became indebted to the Complainant. But 
instead thereof, the Debit side goes on with Several Sums, some of which are 
pretty large till December the 23, 1729 or more than 20 Years, all which time 
Ninapas Debt was increasing and yet no Demand was Tnade of the said Bond. 
This these Defts. humbly conceive is a good argument against the truth of these 
pretended Accounts For it cannot be imagined, that any Man of common Sense 
would advance Money for above 20 Years together when a Bond he had actually 
discharged was out against him, Since there is a possibility the same might 
sometime or other be produced against him ; & the difficulty of proving accounts 
is great, when any Dispute arises about the particulars, especially if the same 
be of a long Standing ; whereas the Validity of Bonds is easily proved by the 



Pleadings in the Mayor's Court, 1745 vii 

Witnesses and other things necessary thereto. But besides this argument 
against the said Accounts produced by the Complainant, these Defendants fur- 
ther observe that in Ninapas Accounts no mention is made or Notice taken of 
these Several Articles in these pretended Accounts except the hundred Pago- 
das on Bond. Now Ninapa is well known to have kept regular Accounts; he 
booked the Debt upon the Bond for 100 Pagodas and mentioned the Interest 
running thereon : and since he is wholly silent as to these pretended Accounts 
these Defendants leave it to the Judgment of this honourable Court, whether 
there is not great reason from hence to Suspect the truth of the said Accounts. 

As to what the Complainant urges, that these Defendants threatned to sue 
him, these Defendants acknowledge it to be true,~and as these Defendants con- 
ceive, they had very just cause so to do, when he confessed a Debt of 100 Pago- 
das and would not pay it. The Complainant urges that it was intended with 
a litigious design to oblige him to take an Oath, which he seems very scrupulous 
about. These Defendants deny, that they had any other Intent than that of 
doing Justice to their Trust. 

All which Matters and things these Defendants are ready to Aver main- 
tain and prove as this honourable Court shall Direct and humbly pray to be 
hence dismissed with their Reasonable Costs in this Behalf most wrongfully 
Sustained. 

William Dumbleton, 
Attorney for the Defendant. 



1°. JMOVEMBER 1743. 

In Replication of Mullinga Kistnomah, to 
the Joint Answer of Woodundee Moode- 
lare, Miliapore Comrapah, Nillana Moo- 
delare & Aya Tombe Moodelare. 

This Replyant saveing and reserveing to himself now and at all times 
hereafter, all Manner of Benefit of Exception to the manifold Errors, Uncer- 
tainty's and Imperfections in the Defendants said answers Contained for 
Replication thereunto or to so much thereof as he this Replyant is advised 
Materially doth Concern him this Replyant, He this Replyant Reply eth and 
Saith 

That he is very glad to hear that the Defendants acknowledge themselves 
to be Trustees to the Estate of Ninapah Deceased. And this Replyant on his 
side acknowledges it to be true that he made such Reply to the Cast as is Set 
forth in the Defendants answer Viz*. Ninapah stood Indebted to him in a 
much larger Sum, than the Bond given by this Replyants Father amounted to 
when the Cast demanded payment thereof; And this Replyant also acknowl- 
edges this part of the Defendants Answer, that the Accounts were Sent for by 
the Cast, and perused by them. 

Now this Repliant begs leave to inform this Honourable Court, that, the 
said Cast inspected the Accounts of both Parties and promised to Examine 
them another time. After which arbitrators were Chosen in the affair, whom 
this Repliant requested to Settle the said accounts and get this Repliant his 
Due, but they put it off from time to time, and at length after one or two meet- 
ings only gave this Repliant to understand, that the ballance would be in his 
favour, after which this Repliant desired them frequently to give their award, 



viii Records of Fort St. George 

but they Delayed so long, that one of the arbitrators Chosen for Ninapah's Side 
departed this Life, whereby, the Matter remained since undecided. 

The Defendants in their answer Urge ' ' That if Ninapah had been really 

' Indebted as ^ account produced, the time marked in their answer was pro- 

" per to take up the Bond, and then ask why instead thereof was Money 

advanced for above Twenty years together and yet no demand made of the 

" Bond. 

In answer to which this Replyant begs leave to observe, that this Repliants 
Father received of Ninapahs Father the Sum of one hundred Pagodas, for 
which he gave a Bond dated the Twenty fifth day of December which was in 
the year of Our Lord one Thousand Seven hundred and five, since which, there 
were Several dealings for the Space of the Six following years Viz*, till the 
year one Thousand Seven Hundred and Eleven, at which time payment for the 
Bond being allowed, there appeared a Considerable ballance in this Replyants 
favour at this time Several Demands were made to Settle Accounts and pay the 
ballance, but to no purpose. 

Now for the further advance of Money, which is in five Articles this 
Repliant begs leave to remark That in the year of our Lord one thousand Seven 
hundred & Thirteen, there happened to be a dispute between Oya Moodelare 
the Father of Ninapah and one Choalia, whereupon a Certain Sum of Money 
in dispute was lodged in this Repliants house to remain there, till all was over, 
and that five days after, the said Money was placed there, the said Ninapah's 
Father received the Sum of Ten Pagodas out of it, and promised to repay it 
when the said Dispute was ended. That a Short time after the Dispute was 
ended, the Money lodged in this Repliants house, was paid in full to the party 
it was due to, But Ninapah's said Father did not repay that Ten Pagodas as 
he had promised. Which Sum therefore this hon'ble Court will find in the 
account delivered dated in the year aforesaid in the Month of May. 

The next three Articles, amounting to Pagodas One hundred and five in 
the year One thousand Seven hundred, and Seventeen, Eighteen, Ninapah 
received it of this Repliants Brother, named Oppiah, when he was in the Com- 
pany's Godown belong to Sunca Ramah, unknown to this Replyant, and told 
him, that he would repay it, but never did, though he promised it several times. 
The Last Article of one Pagoda Twenty Seven fanams, is the Price of Silver 
Lace, which Ninapah took from this Replyant. This Repliant requested Nina- 
pah Several times to Settle accounts but to no purpose, and he departed this 
Life at last leaving the accounts unsettled. 

By the foregoing this honourable Court will understand that, a Demand 
was Several times made to settle Accounts so that the pretence in the answer 
that no Demand was made, can be no longer looked upon as an Argument that 
the Accounts are false. But on the other hand give Sufficient proof, that they 
are true and Genuine. 

This Repliant therefore hopes that this honourable Court will be pleased 
to settle the said Accounts themselves, and Order the Defendant's to pay the 
Ballance thereof and deliver up the Bond, or otherwise this Replyant hopes 
that this Honourable Court will appoint Referrees (to whose Determination 
this Repliant will readily Submit) to Settle the same and this Honourable Court 
will upon Enquiry find, that this Repliant is not one that would be guilty of 
producing false accounts, as the Defendants would Insinuate. 

All which matters and things this Replyant will aver, maintain. Prove & 
Testifve as this Honourable Court shall Direct and humbly Prays as in and by 
his said Bill he hath already Prayed. 

Henry Deveil. 
A ttornay for the Repliants. 



Pleadings in the Mayor's Court, 1745 ix. 

22 D . November 1743. 

The Rejoinder of Woodundee Modelare, 
Milapore Comrapa, Nelland Modelare and 
Aya Tombe Modelare of Madras Mer- 
chants and Trustees to the Estate of 
Ninapa deceased, to the Replication of 
Mulinga Kistnoma Chitty of the same 
place Merchant. 

These Defendants Saving and reserving to themselves all manner of 
benefit and advantage of Exception to the Many Errors, untruths, imperfec- 
tions and Insufficiencies in the said Replication contained Say, that these 
Defendants answer is sufficient in the Law to be replied unto, and they further 
say, that the Repliant would impose egregiously on this Honourable Court by 
pretending that the affair in Dispute was laid before Arbitrators to be decided 
which assertion is entirely false. What he calls arbitrators, to favour his own 
Cause, were Trustees appointed by the Cast for Ninapa's Estate, not to decide 
this affair, but to examine into the whole Estate and Circumstances of Ninapa, 
and to act therein as Trustees ought. 

And these Defendants further say, that for any thing the Repliant hath 
said in his Replication to the contrary, the two arguments, they brought in 
their answer to prove his accounts to be Superious, still hold good, and have 
even received an additional force by his weak reasoning thereon. 

These Defendants had said in the first place, that the said Accounts seem- 
ed not to be genuin, because the Repliant had not taken up the bond at the 
time, when according to the said Accounts, there was a Ballance in his favour. 
This Repliant returns, that he demanded his Bond then : this is roundly 
asserted. But this Honourable Court will please to observe what follows, when 
he gives an Account how the Articles, that follow that Date, were created. 
Now can it be supposed, that if the Repliant had demanded his Bond and to 
settle accounts he would not have urged it still more Strongly, when he found 
the Debt encreasing by new Articles and would not common Prudence have 
induced him long ago to file a Bill in this honourable Court against Ninapa, or 
to take some other safe Method to recover his Money, when he found Ninapa 
would not pay him, but answered him always with trifling delays. But this 
very easy man, the Repliant was not only Satisfied with making demands time 
after time, as he would have this Honourable Court to believe, for the full space 
of 20 years together : but at last, as may be seen by the last Article in the said 
Accounts, let Ninapa have some Silver Lace likewise. Upon the whole it seems 
highly improbable, that any such Accounts Subsisted between Ninapa & the 
Repliant. 

These Defendants further say, that the Second Argument these Defend* 8 , 
made use of in their Answer, is confirmed likewise hereby. For as Ninapa had 
booked the Bond with a Particular mention of the Interest thereon, & took no 
notice of these pretended accounts at all ; it by no means appears probable, con- 
sidering Ninapa's known honesty & exactness in his Acc ts . that if any such 
Demands as are now pretended, had been made from time to time he would still 
neglect to take Notice of this Debt. Every new demand would have reminded 
him of it but he no where mentions any such thing. These Defendants there- 
fore conclude, & they humbly conceive, very justly, that no Demand was ever 
made, and consequently that these Accounts are not true & genuin, notwith- 
standing what the Repliant may say of his own Character. 

These Defendants therefore pray this honourable Court to proceed in this 
affair, rejecting such weak assertions, as the Repliant has made; and ordering 
the payment of the Bond, which cannot be disputed, but is allowpd to be genuir 
by the Repliant himself. 

1745—35 



Records of Fort St. George 



And these Defendants further say, as in and by their said Answer they 
have already said, & do and will aver & maintain all & every thing & things 
therein contained to be true & certain in such Manner and form as they & every 
of them are therein alleged and expressed. 

William Dumbleton, 
Attorney for the Defendants. 

Interrogatories to be administer'd to Such 
Witnesses as shall be Produced Sworn and 
Examined on Part and behalf of the 
Complt. in a Certain Cause wherein one 
Mullinga Kisnamah is Complt. and one 
Woodundee Moodaleare Mylapore Come- 
rapah, Nellanah Moodeleare & Mooteapah 
Moodaleare are Defendants. 

Imprimiss do you know the parties Complainant and Defendants in this 
Cause, if yea set forth the same as you know have heard or do believe, and How 
long you have known them or Either of them Declare. 

2 d . To Reddy Ramah Item, Do you know or Can you remember that any 
Dealings or Accounts have at any time Passed between The family of Ninapah, 
and the now Complainant Declare. 

3 d . To Pashee Moorlee Nursoo Chitty Item, Do you Remember any Accounts 
between the Deceased Ninapahs family, if yea, how was such Accounts Agreed 
to Be Decided, and by whom to whose house was the Accounts brought, and 
whose Accounts was so brought, and what was the reason such accounts was 
not Examined. 

4 th . To Condavoo Ball Item, Do you know of any Accounts that have Passed 
between the deceased Ninapahs family and the now Complainant, if yea, Did 
you Ever Demand any Money from the family of the Deceased Ninapah, if yea, 
from whome, and about what time, and what answer had you and from whome 
Say all you know Concerning this affair Declare. 

5 th . To Shemacurtee Auddee Item, Did you Ever Carry any Accounts for 
the Complainant, if yea where did you Carry them, and to whose house and what 
follow'd theron Declare. 

6 th . To all the Witnesses Item, Do you know or can you say any matter or 
thing Material for the Complainant in this Cause, if yea, Set forth the Same as 
you know have heard or Do beleive with the reasons of such your knowledge or 
belief Declare. 

Henry Deveil, 
Attorney for the Complainant. 

Between Mullinga Kistnamah Complainant- 

Mayors Court at and Woodunde Moodelare, Mylapore Com- 

Madraspatnam. rapah Nellanah and Mooteapah . . . 

Defendants. 

Depositions of Witnesses in this Cause taken by and before the Examiner 
in this Court as follows. 

Reddy Ramah of Madras Servant to the Tobacco Farmers Aged 66 years 
or thereabouts being produced as a Witness in this Cause on the part of the 
Complt. was on the 23 d . day of March 173T31/4 Shewn at the office of M*. 
William Dumbleton Attorney for the Defendant by Connecapa who left a Note 



Pleadings in the Mayor's Court, 1745 xi 

of the Name Title, and place of abode of the said Reddy Raniah and afterwards 
on the same day being Sworn and Examined Deposeth as follows. 

1 st . ... To the first Interrogatory this Deponent Saith, That he 
knows the parties Complainant & Defendants and hath so known them 20 years 
or thereabouts. 

2 d . . . . To the Second Interrogatory this Deponent Saith, That he 
knows the Complainants father and Ninapah's father were intimately acquaint- 
ed but knows not of any dealings that may have passed between the family of 
Ninapah and the now Complainant or can further say to this or the last 
Interrogatory. 

Ramandoo. 
Joseph Githin Exam?. 

Pashee Moortee Nursoo Chitty of Madras Merchant Aged 60 years or 
thereabouts being produced as a Witness in this Cause on the part of the Com- 
plainant, & afterwards being Sworn and Examined Deposeth as follows. 

1 st . ... To the first Interrogatory, this Deponent saith, that he 
hath known the Complainant 20 years and the Defendants 10 years or there- 
abouts. 

3 rd . ... To the third Interrogatory this Deponent Saith, That he 
knows there are Accounts between the Complainant and the deceased Ninapah's 
Family. The adjustment of which was referred to Moodu Moodelare and this 
Deponent, That the Complainant's account was brought to Moodu Moodelare's 
house, where they Examined them for two days, after which Moodu Moodelare 
said to this Deponent, you see what trouble we are like to have in settling these 
Accounts, desire the Complainant to remember me That this Deponent acquaint- 
ed the Complt. with Moodu Moodelare's request but he refused to comply with 
it — and more Saith not to this or the Last Interrogatory. 

Nursoo. 
Joseph Githin Exam r . 

Condavoo Ball of Madras Peon to the Complainant Aged 30 Years or 
thereabouts being produced as a Witness in this Cause on the part of the Com- 
plainant, and afterwards being Sworn and Examined Deposeth as follows 

1st. ... To the third Interrogatory this Deponent Saith, That he 
hath known the Complt. 20 Years and the Defendant Woodundee 10 years but 
hath no knowledge of the other three Defendants. 

4 th . ... To the fourth Interrogatory this Deponent Saith, That he 
knows not of any accounts that have passed between the deceased Ninapah's 
Family, and the Complainant, That he has, by Complainant's Order, demanded 
Money of Perianah one of Ninapah's Family as due to the Complainant from 
Ninapah's Estate about the time of Ninapah's departure when Perianah replied 
if the Complainant had any account he would Satisfie it and further Saith not 
to this or the last Interrogatory. 

The Mark of 

Condavoo Ball. 
Joseph Githin Exam r . 

Shemacurtee Auddee of Madras Complainant's Servant aged 50 years or 
thereabouts being produced as a Witness in this Cause on the part of the Complt. 
and afterwards being Sworn and Examined Deposeth as follows. 

1st. ... To the first Interrogatory this Deponent Saith, That he 
hath known the Complainant 30 Years, and the Defendants 10 Years, or there- 
abouts. 



xii Records of Fort St. George 

5 th . ... To the Fifth Interrogatory this Deponent Saith, That he 
carried the Complts. accounts to Moodu Moodelare' s house That the Complain- 
ant's Conicoply, and his Brother Ball Chitty were at that time there before 
whom he delivered the Accounts to Moodu Moodelare and came away what 
followed thereon this Deponent knows not or can further say to this or the last 
Interrogatory. 



Joseph Githin Exam r . 



The Mark or 
Shemacurtee Auddee. 



interrogatories to be administred to Such 
Witnesses as shall be produced Sworn and 
Examined on the part and behalf of the 
Defendants in a certain Cause wherein 
Woodundee Moodalare, Mylapore Com- 
rapah, Nellana Moodalare and Aya Tomby 
Moodelare Defendants, and Mullinga 
Kisnamah is Complt. 

To all the Witnesses, Imprimiss, Do you know the parties Complain- 
ant and Defendants or either, if yea how long have you so known them or either 
of them, and which of them Declare. 

2 d . . . To Peria Tomby Moodalare, Conaca Subba Moodalare, Col- 

landiapah Moodalare and Chinnanah, Item, Do you know that there were 
persons appointed at Ninapah's Decease to inspect the Accounts, do you know 
what the said Accounts Setf orth relateing to the Debt now Demanded by the 
Complainant and the Bond now Demanded by the Defendants was there any 
other Accounts then them left by Ninapah enquired into whose Accounts were 
Examined, and what appeared by them relateing to the present dispute and 
what was the opinion of People with regard to them Accounts and what Order 
was made on them at that time Declare. 

3 d . . . . To all the Witnesses, Item Do you know or can you say any 
other matter or thing Material for the Defendants in this Cause, if yea, Set forth 
the same as you know have heard or do beleive with the reasons for such your 
knowledge or belief Declare. 

William Dumbleton, 
Attorney for the Defendants. 

Between Mullinga Kistnama . Com- 

Mayors Court at plain*, and Woodunde Moodelare, Myla- 

Madraspatnam. pore Comrapah, Nellanah and Iyar Tomby 

. . . Defendants. 

Depositions of Witnesses in this Cause taken by and before the Examiner 
in this Court as follows. 

Peria Tomby Moodelare of Madras Merchant Aged 39 years or thereabouts 
being produced as a Witness in this Cause on the part of the Defendants was on 
the 27 th . day of February 1743/4 Shewn at the office of M r . Henry Deveil Attor- 
ney for the Complainant by Connecapa who left a Note of the Name Title and 
place of abode of the said Periah Tomby Moodelare, and afterwards on the Same 
day being Sworn and Examined deposeth as follows. 

1st. ... To the first Interrogatory this Deponent Saith. That he 
knows the parties Complainant arid Defendant and hath so known them 25 
■rears ot thereabouts. 



Pleadings in the Mayor's Court, 1745 xiii 

2 d . . . . To the Second Interrogatory this Deponent Saith, That he 
knows the Defendants were appointed, since the Death of Moodu Moodelare 
the head of their Cast, as trustees to the estate of Ninapah deceased and that 
the Accounts of Ninapah were inspected by the said Moodu Moodelare when 
living and others the Heads of the Cast, That there was no appearance therein 
of any debt being due to the Complt. but that Ninapahs Account indebted the 
Complainant for a Bond of an hundred Pagodas which the Defendants as 
Ninapah's Trustees now demand payment of, he further Saith, That by 
Ninapah' s father's Accounts which were inspected at the same time it did 
appear there had been dealings between the Complainant's father and Ninapah's 
Father, but the Accounts being of long standing and no mention thereof being 
made by Ninapah in his own Account the Cast would not charge the Complain- 
ant for the Ballance there appeared therein in favour of Ninapahs father, but 
onley for the Bond of an hundred Pagodas with the Interest due thereon, which 
Ninapah's own Accounts charged the Complainant with, this Deponent further 
Saith, that other Accounts were then produced before the Cast by Nairo Tomby 
Chitty Numsevia, Vadamilla Mooleapen, Chomdeapen and Burzar Merchants 
of which those that appeared by Ninapah's own Account to be just were dis- 
charged but those which Related to Ninapah's father or not mentioned in his 
own Accounts, being deemed false as no Demand of them had been ever made 
of Ninapah in his lifetime, were ordered to be, Sett aside and more Saith not 
to this or the last Interrogatory. 

Periatomby. 
Joseph Githin Exam T . 

Conneca Suba Moodelare of Madras Merchant aged 50 Years or thereab ts . 
being produced as a "Witness in this Cause on the part of the Defendants and 
afterwards being Sworn and Examined Deposeth as follows. 

1st. ... To the first Interrogatory this Deponent Saith, That he 
hath known the Complt. 40 years and the Defendant 30 years or thereabouts. 

2 d . . . . To the Second Interrogatory this Deponent Saith, That he 
knows these Defendants were appointed, after the Decease of Moodu Moodelare 
the Head of their Cast, as Trustees to the Estate of Ninapah Deceased, That 
the Accounts of Ninapah deceased Set forth that the Complainant was indebted 
to his Estate by a Bond for an hundred Pagodas, which the Defendants now 
demand payment of, but not of any Debt being due to the Complainant That 
other Accounts than them left by Ninapah were produced and examined but 
the Cast not finding any mention thereof in Ninapahs Accounts and as no demand 
had ever been made of them in Ninapahs lifetime they were ordered to be set 
aside as Erroneous and false and further Saith not to this or the last Inters 

Conneca So&*, 

Joseph Githin Exam?. 

Collendeapah Moodelare of Madras Merchant aged 60 Years or there- 
abouts being produced as a Witness in this Cause on the part of the Defendant, 
and afterwards being Sworn and Examined Deposeth as follows. 

1st. ... To the first Interrogatory this Deponent Saith, That dp 
knows the Complainant and hath so known him 30 Years, and the Defer)' 1 :, _.^ 
he hath known 20 Years or thereabouts. 

2d. . . . To the Second Interrogatory this Deponent Saith, That he 
knows these Defendants were appointed, after the Death of Moodu Moodelare 
the head of their Cast, as Trustees to the Estate of Ninapah deceased, That when 
Ninapahs Accounts were inspected there was no appearance of any debt being- due 

1745—36 



xiv Records of Fort St.. George 



to the Complainant, but that Ninapah had therein indebted the Complt. for a. 
Bond of an hundred Pag s . which these Defendants as his Trustees now demand 
payment off, That other accounts than those left by Ninapah were at that time 
produced and Examined This Deponent cannot recollect the persons that brought 
the said Accounts but Saith the opinion of the Cast in regard to them was, as 
there was no mention of them in Ninapah 's Accounts and as payment thereof 
had never been demanded of Ninapah in his lifetime, that they were unjust 
and therefore ordered them to be set aside and further Saith not to this or the 
last Interrogatory. 

COLLENDEAPAH. 

Joseph Githin Eocam r . 



Chinnanah of S*. Thoma Petty Merchant Aged 59 Years or thereab ts . being 
produced as a Witness in this Cause on the part of the Defendant and after- 
wards being Sworn and Examined Deposeth as follows. 

1 st . ... To the first Interrogatory this Deponent Saith, That he 
hath known the Complainant 40 Years and the Defendant he hath known 35 
Years or thereabouts. 

2 d . . . . To the Second Interrogatory this Deponent Saith, That he 
knows these Defend ts . were appointed as Trustees to the Estate of Ninapah 
Deceased, That Ninapahs Accounts Set forth that the Complainant was indebt- 
ed to Ninapah on a Bond for an hundred Pagodas but no mention therein was 
made of any Debts being due to the Complainant That other Accounts besides 
those left by Ninapah were produced and -Examined but the Cast deeming them 
false, payment thereof having never been demand of Ninapah in his lifetime, 
ordered them to be set aside and more saith not to this Interrogatory. 

To the last Interrogatory this Deponent Saith, That Summadrue, Num- 
shevia Vadamilla Mooteapen and others produced their Account at that time 
before the Cast which agreeing with Ninapahs accounts were immediately dis- 
charged and more Saith not. 

Chinnanah. 

Joseph Githin Exam?. 



Mayors Court at Tuesday the 22 d . day of May anno Domini 

Madraspatnam. 1745 \_sic~] Between Mullinga Kisnamah of 

Madras Merchant Complainant, and Wood- 
undee Moodelare, Mylapore Comrapah, 
Nellana Moodelare & Iyah Tomby Moode- 
lare Trustees of the Estate of Ninapa 
Deced. of the Same place also Merchants 
Defendants. 

This cause coming on this day to be heard, and debated before this Court 
in presence of the Pits. Attorney, the Defendants and their Attorney; on hear- 
ing the Complainants Bill and an Account Current thereunto annext, The 
Defendants Joynt Answer, The Eeplication and Rejoynder, also the Proofs 
taken in this Cause, a Decree of this Court pronounced in a Cause, wherein the 
Defendants sued the Complainant for a Bond of Pagodas 100, mentioned in 
j».ioo. the pleadings in this Cause, bearing date 4 th . day of October 1743. Read, and 
the Defendants being questioned by this Court, how many years ago it is since 
they demanded payment of the Plaintiff of the beforemention'd bond of Pagodas 
100 Mylapore Comrapah & Iyah Tomby Moodelare answered, That they (a*- 



Pleadings in the Mayor' s Court, 1745 xr 

Trustees of the beforementioned Estate) demanded payment of the said Bond 
about Seven years ago, for the first time ; to the truth whereof they made Oath, 
to the Satisfaction of this Court, and on Examination of the matters in this. 
Cause what was alledged on either side, and due Consideration had thereon, 
This Court doth therefore think fit to Order and Decree, and doth accordingly 
Order and Decree, That the Complainant do pay unto the Defendants the full 
and just Sum of one hundred Pagodas Current of Madras, being the Principal 
Money of the beforementioned Bond, together with Seven years Interest thereon 
after the rate of eight || Cent $ annum, and also that the Complainant's Bill 
do stand dismissed out of this Court with Costs, and further that the Complain- 
ant do pay the Costs of the Suit of the Defendants against him, for the Recovery 
of the beforementioned Bond. 

Per Cur 
Noah Casamaijor, 

Retf. 



Court of Appeals Between Mullinga Kistnama of Madras 

at Madraspatnam Merchant appel*. . . . and . 

Woodundee Moodelaire, Mylapore Com- 
rapah, Nellana Moodelaire and Iyah Tomby 
Moodelaire, Trustees to the Estate of Nin- 
apa deced. of the Same place also Merchants 
Respondents. 

This cause coming on this day, being Monday the fifteenth day of April, 
anno Domini one thousand Seven hundred and forty five to be heard and debated 
before this Court by the Attorneys on both sides, upon hearing the Petition of 
Appeal, and answer, a Report of the Refferrees appointed by this Court, 
together with the Several Exhibits of the Honourable the Mayor's Court, and 
Decree thereof given in this Cause, on Tuesday the twenty Second day of May 
last read, and upon due consideration had of the Matters therein Severally 
contain' d and of the pleadings and arguments used by the Attorneys on both 
sides. This Court doth think fit to Order and Decree & doth accordingly hereby 
Order and Decree, That the said Decree of the Honourable the Mayor's Court 
given in this Cause, do stand confirmed, and that the Appellant's Petition be 
hence dismissed with Costs. 

f Cur. 

George Pigot. 

Clerk of Appeals. 



5™. June 1744. To the Honourable the Mayors 

Court at Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Orator, 
Hodjee Abdull Hoddee of Madras Merchant, That in the year of our Lord one 
Thousand Seven hundred and Thirty Seven, your Orator did fit out a Ship for 
the Port of Perah, on board of which Ship your Orator did Lade a Cargo but 
being unwilling to stand the risque alone, your Orator did apply himself to one 
Diaul Doss Saumy Doss Broker, requesting him to get Your Orator a Bond of 
Insurance for Pagodas Fifteen hundred on the said Ship, which the said Broker 



xvi Records of Fort St. George 

undertook to do, and shortly after returned the Bond of Insurance for that 
Sum, Sign'd by Twenty four Insure[r]s, the Contents of which Bond, with the 
Names of those Insurers who Subscribed thereto will appear ^ translate of said 
Bond bearing date in Port S*. George the third day of July which was in the 
year of Our Lord One thousand Seven hundred & Thirty Seven, for the Inspec- 
tion of this honourable Court hereunto Annext, to which your Orator most 
humbly Refers, and prays the same may be admitted as part of this your Orators 
Bill of Complaint; one Condition in the said Obligation Expressly is, that the 
Insurers Do run all Bisques to the amount of Fifteen Hundred Pagodas, from 
the time the Ship weighed anchor from this Road of Madras Untill she Shall 
have accomplished her Intended Voyage and Dropt her Anchor again in the 
Road of Madras; Now it so happened, May it please this honourable Court, 
the said Ship in her Return from Perah met with a Hurricane of Wind which 
drove her out of her Course, and being Damaged by the said Weather was 
obliged to put into Dunnassary, where upon Examination of her, 'twas thought 
necessary to haul her on Shore & give her a thorough Repair, While this was 
about she accidently took fire and was thereby Consumed, on Receipt of the 
News of this Accident your Orator agreeable to the Tenour of the Bond of 
Insurence Demanded from the said Diaul Doss Saumy Doss Fifteen hundred 
Pagodas, he the said Diaul Doss Saumy Doss refer 'd your Orator to the Sub- 
scribers to the Bond of Insurance for payment; your Orator did accordingly 
apply to the said Subscribers who all obstinately refused to Comply with your 
Orator's Demand; hereupon your Orator applied himself to M r . John Russell 
then an attorney of this honourable Court, but since Deceased, Desireing him 
to prefer a Bill of Complaint on behalf of your Orator against the said Insurers, 
but before the Ensuing Court day, when the Bill was to have been prefer'd, the 
Insurers having Notice of your Orator's Intention, applied themselves to Mr. 
Benyon the then Governour, desireing him to send for your Orator, and Miti- 
gate matters to prevent your Orator's application to this Honourable Court; 
M r . Benyon accordingly did so, and told your Orator he would see Justice done 
him, and bid your Orator Depend upon him, hereupon your Orator desired 
■M r . Russell not to proceed till further Orders ; here it Slept some Months, till 
your Orator reminded M r . Benyon of his promise, who thereupon appointed a 
Day for ending the dispute ; When that day came, some of the Insurers met and 
told M 1 . Benyon that the other Insurers were gone up the Country, some to one 
place and some to another, and that unless all Parties were present nothing 
could be done. M r . Benyon then appointed another Day, and after that Several 
others, but never could get all parties together, some Triffling Excuse or other 
was always pleaded for the absent, and your Orator putt of till M r . Benyons 
Departure for England. Since when your Orator hath by all amicable ways 
and means Endeavoured to bring the said Insurers to some reason, and to obtain 
payment from them of your Orators Demands. 

But now so it is May it please this honourable Court, the said Nagra Doss 
Shamboodoss, Arvicheladoss Vitaladoss, Vanadut Govindram, Pandiah Shan- 
cara Checunda, Govendundoss Juggavadoss, Ragoor Verago Chitty, Ramdoss 
Cashidoss, Kisnadoss Govendundoss, Ballsadir Verasiser, Demoda Mudanaser, 
Subia Verassadoss, Amerasiver Nunojee, Shanca, Banudat Cherban, Saiah Siwa 
Attamarum, Parshotum Vellapah, Chittabu Jee Annachor, Narsu Tagjeveram, 
Goverdum Ram Chundum, Balaba Avechull, Visna Nad Shancarjee, Verago 
Ball Moodoo, Sunadee Gruapah, Bomadar Coberjee and Diaul Doss Saumy 
Doss Willfully and obstinately refuse to give your Orator any Satisfaction. 

Your Orator therefore prays a General relief touching the Premisses, such 
as to this Honourable Court shall appear agreeable to Equity and Good Con- 
science Is the End of the bill. 

William Dumbleton, 
Attorney for the Complainant, 



Pleadings in the Mayor's Court, 1745 



XVI L 



Fort S t . George July 3 d . 1737. 

Whereas this day Meah Hoja Abdull Haddee Apply' d to us the Under- 
writer to Insure to the Amount of One Thousand Five Hundred Pagodas 
on a Ship Nam'd Gonjaver belonging to him bound from this Port of 
Madras to Perah & back again, accordingly we the undermention'd Sub- 
scribed to the Insurance each Person the Sum affixed to his Name as hereafter 
mentioned, on the following Terms & Conditions; That, from the Time the 
said Ship Gonjaver shall Weigh Anchor from this Port of Madras 'till the 
time she lets go the Same at Perah the Insurers to stand the Risque of the Sum 
Insur'd, the Risque to cease on their part after Safe Anchoring at the said 
Port of Perah. 

The same is likewise to be understood from the time the said Ship Weighs 
Anchor from the Port of Perah 'till her safe Arrival at Madras the Risque 
then ceasing also. 

That all Customs, Charges Merchandize, Ships' Expences, Wages, Demo- 
rage, in case of the Loss of said Ship's Passage to be paid & Defray'd by the- 
Owners of said Ship and no ways to affect the Insurers. 

That the said Abdull Haddee pay the Insurers an Insurance premium of 
Eight f? Cent & Brokerage one Quarter f? Cent on the Sum Insur'd. 

That in case of the Loss of said Ship Gonjaver an allowance of Three & 
half If! Cent to be made (term'd custom) and a further Rebate of Eight ^ Cent, 
on the principal Insur'd these Deductions made, the Insurers to pay the said 
Meah Hoja Abdull Haddee the difference between the Rebate and allowance 
and the Sum Insur'd, this Clause to be understood in case the Loss of the Ship- 
happens when the Ship is on her Voyage between this port & Perah as express- 
ed in the first article of this Agreement. On the Contrary, upon the safe 
Arrival of the said Ship in Madras road the said Hoja Haddee to pay the pre- 
mium of Insurance according to the Terms of this Agreement relating thereto. 



Nagradoss Shambodoss Subscribers 
Arvicheladoss Vitalodoss 

Vanadut Govindram 

Pandia Sbancara Chucunda 
Goverdundoss Juggavadoss 
Eagoor Verago Chitty 
Eamdoss Cashidoss 
Kisnadoss Goverdundoss 
Ballsadir Verasiver 
Demoda Mudanafer 
Subia Verussadoss 
Amerasiver Nunojee 
Sbanca ... 
Banudat Cberban 
Saiab Siwa Attamarun 
Pursbotum Vellapah 
Chittabu Jee Annacbor 
Narsu Tagjeveram 
Goverdun Earn Chundum 
Balaba Avecbull 
Visna Nad Shancarjee 
Verago Ballmoodu 
Sunade Gruapab 
Bomadar Coberjee 



Pagodas 



125 

125 

25 

25 

200 

25 

25 

25 

25 

50 

250 

200 

25 

25 

25 

75 

r 

25 
50 
25 
25 
50 
25 
25 



Pagodas 



.. 1500 



Geo : Jones, 

Exam?: 



1745—37 



ixviii Records of Fort St. George 



17 th . July 1744. The answer of Nagradoss Shambodass 

Insurer for and on behalf of himself and 
the Rest of the Insurers in answer to the 
bill of Complaint of Hodjee Abdull Hod- 
dee. 

The said Defendant for himself and the rest of the Insurers Saving and 
xeserving to himself all & all Manner of Benefit and advantage of Exception to 
the Manifold Errors Untruths and Insufliciencys in the said bill Contained for 
answer thereunto or to so much thereof as this Deft, is advised Materially Con- 
cerns him and the said Insurers to Make answer unto he this Defendant in 
behalf of himself and the said Insurers Saith 

That 'tis admitted there is such a Bond of Insurance as is annext to the 
Complainants Bill of Complaint and this Defendant Saith, the Tenour of the 
said Bond will in no wise oblige this Defendant or the Insurers to pay the Com- 
plainants Demand, and that for the following Reasons. 

First it is a well known Custome of India that no Insurers are any Longer 
answerable for a Ship so Insured then while she is under Sail and in Pursuit 
of her Voyage, That from the time she Heaves Anchor to the time she Letts 
fall the same the Insurers Risque Continues, But the Risque Utterly Ceases 
when or wherever She Letts fall her anchor to the time she heaves anchor again. 

As is very plain from a Paragraph in the said obligation which is. " That 
from the time the said Ship Gonjaver shall waigh anchor from this port of 
Madras till the time she letts Go the same at Perah, the Insurers to stand the 
Risque of the Sum Insured the Risque to Cease on their part after safe anchor- 
ing at the Port of Perah." 

And by which it may be Seen that all parties Concerned Did understand 
the said Risque should be at an End when the anchor Should be Lett fall Tis 
true that Neither the Insurers nor any man Living Could Forsee that the said 
Ship was to Depart from her Voyage and Instead of Going to Madras Lett fall 
her anchor at Dannassery had such a Variation been Suspected no Doubt but 
the Insurers would have been upon the same termes at Dunnassary that they 
proposed at Perah which was that when the anchor was to fall the Risque was 
to Cease for this Defendant humbly refers it to the Judgement of this honour- 
able Court whether the Insurers Risque was to be at Sea or on the Dry Land, 
for the Ship Came to an anchor Very safe and would have lik[e]ly pursued her 
voyage, if they had not hauld her on Shore where she was Burnt after Lying 
upon Dry Land two or three Months and which was far from the Common 
Risques Generally run at Sea Viz*. Seas, Rivers, Enemys, & pirates and this 
Ship suffer 'd by Neither unless the person that sett her on fire may Be termed 
an Enemy. But By another Clause in the said Bond of Insurance it is plain to 
be understood the Risque was Intended only to be During the Ship was at Sea 
for in the said bond it is thus written viz*. 

The Insurers to pay the said Meah Hoja Abdull Haddee the difference 
" Between the Rebate and allowance and the Sum Insured, this Clause to Be 
understood in case the loss of the Ship happens when the Ship is on her Voyage 
Between this Port & Perah as mention'd in the first Article of this Agree- 
ment." 

Now if the said Ship so Lost, can be said to Be on her Voyage at the time 
she was Lost or Burn't then is the Insurers answerable, this Defendant humbly 
Presumes the Insurers are not Lyable in the present Case. 

and further the said Insurers humbly beg leave to State an Instance of a 
X^oss Sustained in the same year By an accident Directly paralell to the present 
'Case & the same Insurers. 



Pleadings in the Mayor's Court, 1745 xix 

In the year 1737 the now Insurers Defendants Insured the Sum of 1400 
Pagodas on a Ship bound from the port of Madras To Kannaca & Balasore & 
Back again the said Ship in her Voyage was Drove to a place Call'd Archm- 
desporam when [sic] she anchor'd Safe but was afterwards hauld on shore where 
she lay Some time till an Unusual Swell of the Sea Suddainly hoisted her away 
by which Means she was Lost the owners hereupon Demands payment of the 
Sum Insured, the Insurers Urge the Same reasons, they do now the affair was 
refer 'd to Eight Merchants who Gave it in the Insurers favour and the Insurers 
have offered to reffer the present Case to the Determination of any Indifferent 
persons and is ready still to do so, if this honourable Court Shall so think pro- 
per for this Defendant again avers that the Custome of Insurers admitted all 
over India the Insurers are in the present Case, no ways Lyable and which 
Custome of Insurers the now Defendants humbly pray May be Considered and 
admitted by this honourable Court for if the Insurers were to be Lyable after 
a Ship is at anchor their Risque would be very Great and no Insurers would 
come into Such Measurers by reason Many unfair practices May be used with a 
. Ship at anchor to the Insurers prejudice without Danger to the Crew, Wherass 
such means could not be so Easeyly brought to Bear at Sea where Every Man 
in the Ship is in Equal Danger with the Vessell. 

As to what the Complainant pretends about Rich d . Benyon Esq 1 ', is false, 
and if true has no Concern with the transactions to Be considered by this 
honourable Court, and is Indeed only Incerted to make the Insurers Seem Un- 
willing to Be Call'd to hearing of the present affair But this Defendant & the 
Insurers are and have been allways ready and Even Desirous to have this Con- 
test Decided that they may know what they may Depend on for the future in 
the like Cases. 

all which Matters and things these Defendant is ready to aver maintain 
and prove on the Insurers behalf and humbly prays to be hence Dissmissed with 
his reasonable Cost in this behalf most Wrong fully Sustain'd. 

Henry Deveil, 
A ttorney for the Defendant. 



:21 st . August 1744. The Replication of Hodjee Abdull Hoddee 

of Madras Merchant Repliant, to the 
answer of Nagara Doss Shamboo Doss &c. 
of the same place Merchants Defendants. 

The said Repliant now and at all times hereafter saving and reserving to 
himself all & all Manner of Benefit of Exception to the Manifold Errors, Un- 
certainty's and Imperfections in the Defendants said answer Contain'd for 
Replication thereunto, or to so much thereof as he this Repliant is advised 
Materially doth concern this Repliant He this Repliant Replieth and Saith 

That this Repliant doth admit the Risque of an Insurer ceases while the 
Ship on which he Insurers [sic] lyes in any Port at anchor, provided she went 
thither by the Direction of those that had the management of her with Intent to 
Trade, But this Repliant humbly Conceives should a Ship in her Progress from 
one Port to another be forced by the Violence of Winds so near to any shore as 
to be in danger of Splitting thereon without the help of anchors and should she 
in that case let fall her anchors, no person without absurdity can say the Ris- 
que of an Insurer ceases while the said Ship so remains at anchor, for in fact 
the said Ship is Making the best of her way to her intended Port, tho' detained 
by Contrary Winds. 



xs Records of Fort St. George 

If the above Conception of this Repliant be just, then undoubtedly the 
Defendants are in Equity bound to pay this Repliants Demand, for the Ship 
on which this Repliant Insur'd was drove into Dunasary by stress of weather, 
and not Sent thither by this Repliant, and even when the Accident of her 
taking fire happened was making the best of her way for this Port of Madras, 
by repairing her riging, stoping her Leaks and fitting her to bear the Seas, 
without which Necessary Reparations she was judged unfitt to prosecute her 
Intended Voyage. 

For all which reasons this Repliant humbly hopes the Defts. shall be 
adjudged to pay this Repliants Demands and this Repliant further prays as 
in and by his Bill of Complaint he hath already Prayed. 

William Dumbleton, 
Attorney for the Repliant. 

Rob t . Sloper, 
also Attorney for the Replt. 



18 th . September 1744. The Rejoinder of Nagara Doss Shamboodoss 

in behalf of himself and the Insurers to- 
the Replication of Hodjee Abdull Hod- 
dee. 

The said Defendant now and at all times hereafter saving and reserving 
to themselves all and all Manner of benefit and advantage of exception to the 
Incertainty and Insufficiency of the said Replication Saith, That the Defen- 
dants said answer is certain true and sufficient in the law to be replied Unto 
and they also Say 

That the Insurers risque is only while the Vessell is under Sail and that 
risque ceases when or wherever she letts Go her anchor till the time she heaves 
it up again, nor was the said Vessell so Lost by any accident at Sea, but des- 
troy' d on the dry land neither by Seas Enemys nor Pirats which is all the 
risques these Defendants by their Insurance contract is obliged to run, Lett the 
Custome of Insurers and Merchants all over India be Inquired into and it will 
be found that Several the like cases have at times happen'd, and have been put} 
to Refferrees and the Custome of Insurers in India have allways been 
admitted against all Cavells and disputes when the Vessell is not Lost at Sea 
for Without that Exception there would be pretended many more Losses then 
realy happen, and every old Leakey Vessell has only to Insure and afterwards 
by coming to an anchor in any port may save all But the Vessell which has been 
often lost without Cause or rather by Intended Negligence Wherfore these 
Defendants plead the custome of Insurers in India and humbly prays that this 
honourable Court will be pleas' d to appoint some Indifferent persons to Enquire 
into the Custome so Justly pleaded by these Defendants and make a report of 
their opinion to this honourable Court after which Information these Defen- 
dants doubt not of being found to have Contested this affair in right of them- 
selves or any others Who May have the like Case happen. 

and these Defendants also Say as in and by their said Answer is allready 
said and does and will aver and Maintain all and every thing and things ther- 
in contain'd to be true and Certain in such Manner and forme as is therein and ' 
therby alledged and Expressed. 

Henry Deveil, 
A ttorney for the Defendants. . 



Pleadings in the Mayor's Court, 1745 



xxi 



Mayors Court 

at 
Madraspatnam . 



Tuesday the 4 th . day of December Anno 
Domini 1744 Between Hodjee Abdull Hod- 
dee of Madras Merchant Complaint. & 
Nagradoss Shambodoss, Arvicheladoss 
Vitaladoss, Vanudut Govindram, Pondia 
Shancara Checunda, Goverdundoss Jugga 
Vadoss, Ragoor Verago Chitty, Ramdoss 
Cashidoss, Kisnadoss Goverdundoss, Ball- 
sadir Verasiver, Demoda Mudanaser,. 
Serbia Verussadoss, Amerasiver Nunojee, 
Shanca, Banudat Cherban, Saiah Siwa 
Attamarun, Purshotum Vellapah, Chit- 
tabu Jee Annachor, Narsu Tagjeveram, 
Goverdun Ram Chundum, Balaba Ave- 
chull, Visuanad Shancarjee, Verago Ball 
Moodu, Sunadee Gruapah, Bomadar 
Cobarjee & Dialdoss Saumydoss, of the 
same place Insure[r]s Defendants. 

This Cause coming on this day to be heard and debated before this Court 
in presence of the attorneys on both sides, on hearing the Complainants Bill, 
with Translate of a Policy of Insurance for Pagodas 1500, under the Defen- 
dants hand, dated the 3 d . July 1737 Thereto Annext, The Answer of Nagra- p* isoo, 
doss Shambodoss in behalf of himself and the rest of the Defendants, The 
Replication, and Rejoynder Read and on Examination of the Matters in this 
Cause, what was alledged on either side and due Consideration had thereon, 
This Court doth therefore think fit to Order and Decree and doth accordingly 
Order and Decree that the Complainants Bill do stand dismissed Out of this 
Court with Costs. 



Per Cur. 



Noah Casamaijor, 
Reg r 



To M R . Noah Casamaijor 
Register of the Honourable the Mayors Court. 



Sir 

I herewith return you the Papers in the Cause Hodjee Abdull Hoddee 
against Nagradoss Shambodoss (fee*, the appellant having this day withdrawn 
his appeal. 



I am 



Fort S t . George, 
16 th . April 1745. 



Sir 
Your most humble Servant, 

George Pigot, 
Clerk of Appeals. 



1745—38 



xxii Records of Fort St. George 



5 th . May 1744. To the Honble the Mayors 

Court at Madraspatnam. 

Humbly Complaining Sheweth unto this Honble Court your Orator Chinna 
Battan of Madras having had dealings with two Men of the Same place, Named 
Kellady Chitty Son of Toruby Collity Chitty and Venianada Chitty Son of 
Veera Chitty the said two Men having occasion for a Sum of Money did apply 
themselves to your Orator requesting the Loan thereof to whom your Orator 
lent Pagodas Thirty Current of Madras, which in Sterling Money of Great 
Brittain accompting each Pagoda Eight Shillings amounts to Twelve Pounds 
or thereabouts for Securing the repayment of which Sum with Interest thereon 
after the rate of 9 ^ Cent f? Annum on Demand the said Kellady Chitty & 
Venianada Chitty did jointly and Sign and give unto your Orator One Bond 
Dated the 17 th . of June 1735 now in your Orators Possession ready to be pro- 
duced as this honourable Court shall please to Direct & your Orator Shews he 
hath of amicably Demanded Payment of the said Debt. 

But now so it is may it please this honourable Court the said Kellady 
Chitty & Venianada Chitty both wilfully & obstinately refuse to give your 
Orator any Manner of Satisfaction your Orator therefore Prays a General 
relief Touching the Premisses such as to this honourable Court shall appear 
agreeable to Equity & Good Conscience Is the End of the Bill. 

William Dumbleton, 
Attorney for the Complainant. 

17 th . June 1735, Madraspatnam. 

We Collaladee Chitty Son of Tomboo Collity Chitty and Venneeanada 
Chitty Son of Veera Chitty do hereby acknowledge to have Borrowed and 
Eeceived of Chinna Butten the Sum of Thirty Pagodas Current of Madras 
which Sum We promise to pay on Demand with Interest at nine ^ Cent jointly 
or Separately. 

drawn & Signd by 

COLLALADY. 

Signed by 

Venneanada. 
Witness. 

Moodu Linga Naigue. 
Vuma Butta. 

Translated from a Cadjan said to be the Original. 

Joseph Githin, 

Exam'' . 

Mayors Court Tuesday the 16 th . day of April Anno 

at Domini 1745 Between Chinna Battan of 

Madraspatnam. Madras Complainant and Kellady Chitty 

and Venianada Chitty of the Same place 

Defendants. 

On hearing the Complainants bill, with Translate of a Cadjan bond under 
the Defts. hands dated the 17 June 1735 for Pagodas 30 thereto annext, 
Bead, and it appearing to this Court that the Defendant Kellady Chitty hath 
been Served with the Kegular Process to answer the Complainants Bill, but 
willfully and Obstinately refusing so to do. On due Consideration had This 
Court doth therefore think fit to Order and Decree, & doth accordingly Order 
and Decree, That the Defendant Kellady Chitty do pay unto the Complainant 
the full and Just Sum of thirty pagodas Current of Madras, being the prin- 
cipal Money of the beforementioned bond, together with such interest after the 



Pleadings in the Mayor's Court, 1745 xxiii 

rate of eight _fl Cent [_|J annum as now is or shall hereafter become due thereon 
until full payment is made & also the Costs of this Suit, The Plaintiff having 
made Oath to the justness of his Demand. 

$ Cue. 

Noah Casamaijor, 

Reg r . 



September 28 th . 1742. To the Honble the Mayors Court 

AT MADRASPATNAM. 

Humbly complaining Sheweth unto this honourable Court your Oratrix 
Goltee Latchmia Widow and Inhabitant of Madras, That your Oratrix's Late 
husband Golta Ramnapah having in his Lifetime had Divers and Sundry 
Dealings with one Poncala Kistnah Late Merchant of Madras your Oratrixs 
said Husband, did in the Year 1718, in Company or Partnership with the said 
Poncala Kisnah Purchase one Garden Called Conde Tope the Bill of Sale being 
Drawn in Poncala Kisnahs Name your Oratrix Shews, that the said Poncala 
Kisnah did in his Lifetime Let out the said Garden at Rent for the Annual 
Sum of Sixty eight Pagodas he the said Poncala Kisnah Receiving the Rent 
for the Same after the Death of Poncala Kisnah his Heirs Continued to Receive 
the said Rent till the year One thousand Seven hundred and Thirty four, five 
when your Oratrix Made a Complaint to the then Mayor M r . John Sanders 
who was pleased to enquire into the affair and found that Poncala Kisnah and 
his family had enjoyed the Rent of the said Garden without giving any 
Account for the Same for the Space of Between Sixteen and Seventeen years, he 
the said M r . Saunders did then order that your Oratrix should Receive the rent 
for the said Garden for the Same Space or Term of years it had been enjoy'd 
by the said Poncala Kisnah and his heirs Namely Between Sixteen & Seventeen 
years the Rent of the said Garden amounting for that Space of time to the Sum 
of One thousand two hundred and thirty one Pagodas and upwards and your 
Oratrix Shews that the heirs and Managers of the said Poncala Kisnahs Estate 
did acquiesce to such Order and your Oratrix has in Consequence of such 
Order Received the said rent ever Since, the year one thousand Seven hundred 
and thirty five till very Lately your Oratrix is dispossessed after the following 
manner of said Garden or Rent for the Same Attepetty Comrapa having fyled 
his Bill in this honourable Court against Poncala Gopaul Naigue for Debts due 
to him, the said Attepetty Comrapah, and Judgment being obtained by the 
said Attepetty Comrapah against the said Gopaul Naigue Son and Heir of 
Poncala Kisnah the half of the said Garden is sold by Order of Execution out 
of the Honble the Mayors Court to Satisfy the said Attepetty Comrapahs debt 
so that your Oratrix is thereby Dispossed of one half of the said Garden Rent 
which amounts to the Sum of four hundred Seventeen Pag 5 . Seven fan s . and 
forty Cash as by an Account Current hereunto Annext will more fully appear 
and which your Oratrix Begs may be admitted as part of her Bill and your 
Oratrix Shews that Since said Sale your Oratrix has often applyed to the said 
Gopaul Naigue for payment of the Ballance due to your Oratrix But now so it 
is that the said Gopaul Naigue Refuses to make your Oratrix any Manner of 
Satisfaction in the Premisses ; to the end therefore that the said Gopaul Naigue 
may upon his Corporal Oath true Direct and perfect Answer make to all and 
Singular the Matters and things before Set forth as fully truely & effectually 
to all Intents and Purposes as if the Same were here again Repeated and 
Interrogated and may be Decreed to pay your Oratrix the said Sum of Eight 
hundred and thirty four Pag s . fifteen fannams being the Ballance Due to your 
Oratrix as aforesaid and that your Oratrix may have Such further and other 
Releif in the Premisses as Shall be agreeable to Equity and good Conscience. 

John Russell. 
A ttorney for the Complainant. 



XXIV 



Records of Fort St. George 



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Pleadings in the Mayor's Court, 1745 



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.xxvi Records of Fort St. George 



23 d . November 1742. The Answer of Gopaul Naigue of Madras 

Merchant Defendant to the Bill of Com- 
plaint of Goalte Latchima of the Same 
place Widow Complt. 

This Defendant Saving and reserving to himself now and at all times 
hereafter all Manner of benefit and advantage of exception to the many errors, 
uncertainties and imperfections in the said Bill contained for Answer thereto 
or to so much thereof as this Defendant is advised doth Materially concern him 
to make Answer unto, He this Defendant Answereth & Saith 

That he Acknowledged it to be true that this Defendant's Father Pon- 
cala Kistnah deceased bought the Garden called Conde Tope about the time 
Set forth in the Complts. Bill. But this Defendant Saith further, that the 
Complainant annexed a pretended account Current to a bill of Complaint she 
filed October the 24 th . 1738 against Permoll Modelare Executor of the Last 
Will of this Defendant's said Father; in which Account Current she gives 
Credit for her husband's concern of 94 Ninety four Pagodas under this Defen- 
dants said Father out of 388 three hundred eighty eight Pagodas the purchase 
Money of the said Garden : whereby it appears that the Complainant has no 
more than about J Share of the said Garden. 

This Defendant further Saith the first Year after the Purchase the Com- 
plainants husband received the whole rent of the said Garden after which this 
Defend ts . said Father received it during his life Namely for 12 Years; and for 
three years after his Death it was received by the said Permoll Moodelare. 
After which the Complainant desired the said Permol Moodelare that she 
might receive the whole rent thereof for five years to come in lieu of the said 
J Share which was owing to her : which was granted her ; but she received it 
Seven years instead of five, this Defendant being then a minor & not having 
Sufficient power to eject her. Whereby the Complainant received above 100 
Pagodas more than what belonged to her. 

This Defendant begs this honourable Court to observe, that the Complt. 
now sues this Defendant for the Sum of 417. 7. 40 as due to her \ Share of the 
said Garden and that in the aforesaid account Current annext to her Bill 
against Permoll Moodelare she debt this Defendant's said Father's Estate 800 
Pagodas for her \ share of the s d . Garden Namely for her \ of 1600 Pagodas 
for 16 Years @ the yearly rent of 100 Pagodas, and yet acknowledges in the 
very same Account Current that her husbands concern in the purchase of the 
said Garden was no more than 94 Pagodas out of P. 388. — . — . It is very 
evident from hence She writes at random, without a just regard to truth. 

How the Sheriff came to Sell one half only of the said Garden lately 
whereas he might have sold f thereof as belonging to this Defendant this Defen- 
dant knows not. 

All which Matters and things this Defendant is ready to aver, maintain 
and prove as this honourable Court shall award, & humbly prays to be hence dis- 
missed with his reasonable Costs and Charges in this behalf Most Wrongfully 
Sustain'd. 

William Dumbleton, 
Attorney for the Defendant. 

15 th . March 1742/3. The Replication of Gulta Latchima to the 

Answer of Gopaul Naigue. 

This Replyant Saving and Reserving to herself now and at all times here- 
after all Manner of Benefit of Exception to the manifold Errors TJncertaintv's 
and Imperfections in the Defend ts . said Answer Contained for Replication 
thereunto, or to so much thereof as she this Replyant is advised Materiallv Con- 
corns her this Replyant she this Repl*. Replyeth & Saith 



Pleadings in the Mayors Court, 1745 xxvii 

That the Defendant Sets forth in his Answer that this Replyants husband 
did receive one whole years Rent of the Garden called Gone 1 ope and tnat this 
Replyants husband was Concerned no more than Ninety four Pagodas which 
this Replyant Says is false. And further the Defendant Sets torth in his 
Answer that this Replyant sued Perrnaul Moodelare (Executor to the Last Will 
& Testament of the Defendants Father who is Deceased) in the year of Our 
Lord one thousand Seven hundred and Thirty Eight which this Replyant 
admits to be true and which accounts being very Considerable shall be made 
appear more at Large to this honourable Court in time. 

And this Replyant Says that her husband and the Defendants Father did 
in their Lifetime purchase the aforesaid Garden Jointly each paying an Equal 
Share, the Rent of which the Defendants Father and his Executor aforemen- 
tioned Received for Seventeen years Successively, and she this Replyant only 
Seven years and further this Defendant Says That the Defendant Sold his half 
share in the aforesaid Garden upon which this Replyant Insisted on payment 
of Pagodas Four hundred and Seventeen Seven f anams and forty Cash so much 
being owing to her for her Proportion in the said Garden. 

All which Matters and things this Replyant will aver maintain and prove 
.as this Honourable Court shall Direct and humbly Prays as in and by his said 
Bill he hath already Prayed. 

John Russell. 
Attorney for the Complainant. 

Rejoynder General. Interrogatories to be administred to Such 

Witnesses as Shall be produced Sworn 
and Examined on the part and behalf of 
the Complainant in a certain Cause 
wherein Gulta Letchma is Complainant & 
one Gopaul Naigue Defendant. 
1st To all the Witnesses do you know the Parties Com- 
plainant and Defendant in this Cause or either and which of them, and how 
long have you known them or either of them declare. 

2 d To Mauderal Tagapah, do you know, or are you 

acquainted with any purchase being made of a Garden Called Conde Tope 
between Goalta Ravenapah and Poncola Kistna, the former Husband to the 
Complainant and and the latter Father to the Defendant, if yea, Set forth to 
the best of your knowledge how much was paid for the said Garden, and what 
Share had each person therein declare, was you Conicoply to Goalta Ravenapah 
in his lifetime, whose writing do you believe that in the Book now shewn you 
at the time of your Examination Marked I.R.N. 1 & 2 to be, or whose hand 
writing is Signed thereto, what is the purport of the said Writings to the 
best of your knowledge declare. 

3d To Conocopalla Ramah Kistna, Was you and your 

Brother Conicoplys to Poncola Kistnah Father to the Defendant in his life do 
you know or have you heard of a Garden call'd Conde Tope being purchased in 
partnership between the said Poncola Kistna & Gopaul Ravenapahs Husband 
to the Complainant, if yea, do you know what each persons Share was in the 
said Garden Declare. 

Do you know the writings in a book now Shewn you at this the time of your 
Examination Marked I.R.N. 1 & 2 or can you say who Signed the Same, what 
are the purports of the said Writings declare. 

To all the Witnesses. Do you know or can you say any other Matter, or 
thing Material for the Complainant in this Cause, if yea, Set forth the Same 
as you know, have heard, or do beleive with the reasons of such your knowledge 
or beleif Declare. 

Rob t . Sloper, 
A ttv. for the Comvlainant. 



xxviii Records of Fort St. George 

Mayors Court Between Gulta Latchnia ... Complainant 

at Madraspatnam. and Gopaul Naigue ... ... Defendant. 

Depositions of Witnesses in this Cause taken by and before the Examiner 
in this Court as follows. 

Mauderal Tagapah of Madras Conicoply aged 55 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complainant was 
on the 29 th . day of February 1743/4 Shewn at the Office of M r . William Dum- 
bleton Attorney for the Defendant by Connecapa who left a Note of the Name 
Title and place of abode of the said Mauderal Tagapah and Afterwards on the 
Same day being Sworn and Examined Deposeth as follows. 

1 st To the first Interrogatory this Deponent Saith That he 

hath known the Complt. 30 years and the Defendant 20 Years or thereabouts. 

2 d To the Second Interrogatory this Deponent Saith That 

he knows and is well acquainted with the purchase of a Garden Called Conde 
Tope between Goalta Ravenapah the Complain ts . husband and Poncala 
Kistnama the Defendant's Father That Three hundred and Eighty Eight 
Pagodas was paid for the said Garden and that each person had half share 
therein he further Saith That he was Conicoply to Goalta Ravenapah in his 
lifetime and that the passages in the Book now Shewn him at this the time of 
his Examination Marked I.R.N. 1 & 2 are of this Deponent's writing but the 
Signing thereto is of Poncla Kistnama' s handwriting That the writing Mark- 
ed I.R. N°. 1 purports an acknowledgement of Poncla Kistnama that Goalta 
Ravenapah was half sharer with him in the Garden therein mentioned bought 
for Three hundred and Eighty Eight Pagodas of the Church as above and that 
the writing marked I.R. N°. 2 contains the Account of the produce of the said 
Garden in one year and more Saith not to this or the last*Tnterrogatory. 

Mauderal Tagapahs. 
Joseph Githin, 
Exam r . 



Ramah Kistnah of Madras Conicoply aged 38 years or thereabouts 
being produced as a Witness in this Cause on the part of the Complt. and after- 
wards being Sworn and Examin'd Deposeth as follows. 

1 st To the first Interrogatory this Deponent saith That he 

hath known the Complainant 30 years and the Defendant he hath known 22 
years or thereabouts. 

3 d To the third Interrogatory this Deponent Saith That he, 

this Deponent and his Brother were Conicoplys to Poncala Kishna, father to 
the Defendant, in his lifetime That he has heard of a Garden Called Conde 
Tope being purchased in Partnership between the said Poncala Kistna and 
Goalta Ravenapah the Complainant's husband and that each person had half 
share therein This Deponent further Saith That he knows the writings in a book 
now produced and Shewn him Marked I.R.N. 1 & 2 and that they are both 
Signed by Poncla Kistnah, That the writing Marked I.R.N. 1 contains the 
price of the Garden above mentioned and Poncla Kistna's acknowledgement 
that Goalta Ravenapah was half Sharer therein and that the writing Marked 
N. 2 I.R. is the Account of the first years produce of the Garden after it was 
purchased — and further Saith not to this on the last Interrogatory. 

Ramah Kistnama. 
Joseph Githin, 
Eoco,m T . 



Pleadings in the Mayor's Court, 1745 



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Pleadings in the Mayor's Court, 1745 xxxi 

Mayors Court Tuesday the 24 day of July Auno Domini 

at 1744 Between Goltee Latchniia Widow and 

Madraspatnam. Inhabitant of Madras Complainant and 

Gopaul Naigue (son and heir of Poncala 
Kistnah Deceased) of the Same place Mer- 
chant Defendant. 

This Cause coming on this day to be heard and debated before this Court 
in presence of the Plaintiffs attorney, The Defendant and his attorney, on 
hearing the Complainants Bill and an account Curr*. thereto annext, The Defen- 
dants Answer, the Replication and Rejoynder also the proofs taken in this 
Cause on the part of the Complainant (the Defendant not having produced 
any) an order made in this Cause on the 10 th , day of this Instant, whereby the 
Pit. Sues was required to produce the book mentioned in the pleadings in this 
Cause, wherein, it is said that the Defendants deceased Father had sign'd an 
acknowledgment of the Complainants husbands Concern in the Matters in dis- 
pute another Order of the 17 Instant made in this Cause whereby the Plain- 
tiff was required to annex another account Current Signed by herself to her*** *° 3 - 31 « 
Bill (the first not being signed) and the said Account pursuant thereto Read 
and the said book being produced, also the Court Receipt book, wherein are 
Several Receipts Signed by the said Poncala Kistna Deceased, which Signing 
being Compared by Servanah with that in the book Produced by the Plaintiff 
he declared that he believed they were the Signing of the Same person, but 
wrote with Different pens, and on Examination of the Matters in this Cause 
what was alleged on either Side and due Consideration had thereon This Court 
doth therefore think fit to Order and Decree and doth accordingly Order and 
Decree, That the Defendant do pay unto the Complainant the full and just 
Sum of Four hundred five Pagodas thirty one fanams forty Cash being the 
ballance appearing to be due from the Deft, to the Complainant according to 
the last mentioned Account together with such Interest from the 28 th . Septem- 
ber 1742 after the rate of eight f} Cent If? annum as now is or Shall hereafter 
become due thereon until full payment is made and also the Costs of this Suit. 

$ Cur. Noah Casamaijor, 

Rer/r. 



To M E . Noah Casamaijor Register 
of the Honourable the Mayors Court. 

Sir 

The Honble the Court of Appeals having thought proper to dismiss the 
Appeal of Poncola Gopaul against Goltee Latchmia, for want of prosecution I 
herewith return you the Exhibits of the Honble the Mayors Court 

and am 

Fort S t . George, Your most humble Servant, 

22 D . April 1745. George Pigot, 

Clerk of App ls . 



12™. March 1744. To the Honourable the Mayors 

Court at Madraspatnam. 

Humbly Complaining Sheweth to this honourable Court your Oratrix 
Rasaka, widow and Relict of Vishvanada Tumiah Deceased That your Ora- 
trix and her family, have formerly had Several dealings with one Latchmama 
Relict of Golaroo Vallaboo Naigue also Deceased, the said Latchmah stood 
indebted to your Oratrix on a Bond. 



xxxii Records of Fort St. George 

And your Oratrix having Since Settled and adjusted the said Ace*, of 
principal and Interest, the said Latchmama stands Still indebted to your Ora- 
trix in the principal Sum of one hundred and fifty pagodas Current of Madras, 
which in Sterling Money of Great Brittain allowing Eight Shillings for each 
pagodas [sic] amounts Sixteen pounds or thereabouts, and for securing repay- 
ment thereof, the said Latchmama and two other persons, by name Dorsery her 
Brother, and one Roche, did all Jointly and Seperately Sign and give unto your 
Oratrix a Cadjan bond on obligation, bearing date in Fort S*. George the 21 st . 
of September 1744, as by a Translate thereof hereunto annext will more fully 
appear, and to which your Oratrix most humbly refers and your Oratrix Shews 
she hath frequently demanded payment in the Most amicable Manner But now 
so it is may it please this honourable Court, they all and each of them refuse, 
to Give your Oratrix any Satisfaction in the premisses. 

To the End therefore, that the said Latchmama, Dorsery and Roche may 
all upon their Corporal Oaths, true and perfect answer make to all and Every 
the matters aforesaid as fully truely and Effectually to all Intents and pur- 
poses, as if the Same was here again repeated and Interrogated, and be Decreed 
to pay your Oratrix the said principal Sum of, 150 pagodas and the Interest 
due thereon, and your Oratrix may have Such further and other releif in the 
premisses, as may be Agreeable to Equity and good Conscience. 

Henry Deveil, 
A ttorney for the Complainant. 

21 st . September 1744, Madraspatnam. 

I Latchmama Relict of Golarod Vallaboo Naigue, Dorsery Latchmama's 
Brother and Roache do hereby acknowledge to be indebted to Rasaka Relict of 
Vishvanada Tumiah in the Sum of one hundred and fifty Pagodas the said 
Sum remaining due on a Bond we formerly gave her which Sum We here pro- 
mise to pay on Demand with Interest at 8 Pr. Cent Jointly or Separately. 

Latchmamas Mark. 

Dorsery. 

Roche. 

Witness. 

Boodure Irsapen. 

Coddagum Trimaliah Naigue. 

Drawn by Mootu Irsapen. 

Translated from a Cadjan said to be the Original. 



Joseph Githin, 
Eocam r . 



Tuesday the 23 th . day of April Anno Domini 
1745 Between Rasaka widow and Relict 
Mayors Court of Vishvanada Tumiah Deced. of Madras 

AT Complainant, and Latchmama Relict of 

Madraspatnam. Golaroo Vellaboo Naigue Deceased Dor- 

sery & Roache of the Same place Defen- 
dants. 

On hearing the Complainants bill, with Translate of a Cadjan bond under 
the Defendants hands dated the 21st. September 1744 for Pagodas 150 thereto 
annext Read, And it appearing to this Court that the Defendants have been 
served with the regular process to answer the Complts. Bill, but willfully and 



Pleadings in the Mayors Court, 1745 xxxiii 

obstinately refusing so to do, on due Consideration had, This Court doth there- 
fore think fit to order and Decree and doth accordingly Order and Decree That 
the Defendants do pay unto the Complainant the full and just Sum of one p s 150 
hundred & fifty pagodas Current of Madras, being the principal Money of the 
beforemention'd bond, together with Such Interest after the rate of eight ^ 
Cent |? annum as now is or shall hereafter become due thereon until full pay- 
ment is made and also the Costs of this Suit. The Complainant having made 
Oath to the truth of her demand. 

Per Cur. 

Noah Casamaijor, 

Regr. 



Decer. the 4 th . 1739. To the Honourable the Mayors 

Court at Madraspatnam. 

Humbly Complaining Sheweth unto this Honourable Court your Orator 
John Sanderson Merchant of Madras, That your Orator having had Divers and 
Sundry Dealings with the Honourable Richard Benyon Esq r . President of 
Madras, and your Orator having Occasion to pay unto the said Richard Benyon 
Esq 1- , the Sum of Two thousand Pagodas your Orator Shews that in order to 
make such Payment, your Orator did Send by the hands of One Mugganah 
Servant and Dubash to your Orator, the said Sum of Two Thousand Pagodas 
to be Deposited in the hands of Cashia Chitty Andeapah Servant and Dubash 
to the said Richard Benyon Esq r . by him to be paid to his Master, the said 
Richard Benyon Esq 1 ", which was Deposited accordingly in the hands of the 
said Cashia Chitty Andeapah, on the Second day of March One thousand Seven 
hundred and thirty Seven Eight 1737-8 The Receipt of which the said Cashia 
Chitty Andeapah Servant and Dubash as aforesaid has frequently since that 
time acknowledged to your Orator, and more Particularly He did own it to your 
Orator in the Months of February and March Last but to your Orators great 
Surprize in a Conversation between the Honourable Richard Benyon Esq 1 , and 
your Orator Held the Thirteenth day of November Last in the Morning on the 
Subject Matter of the Premisses the said Richard Benyon Esq r . did utterly dis- 
own and Deny that He had ever received any such Sum of Money as aforesaid 
from the hands of his said Servant Cashia Chitty Andeapah and that now being 
the Thirteenth Day of Novem r . as aforesaid was the first time, He the said 
Richard Benyon Esq r . was any way made acquainted with the same But that 
He the said Richard Benyon Esq r . would forthwith send for his said Servant 
and would make all Possible Enquiry into this affair accordingly the said 
Richard Benyon Esq 1 , did in a few hours after by Massage Order your Orator 
to attend him at the Gardens in the Evening of the said Thirteenth day oi 
November In Pursuance of which Message your Orator did attend and did then 
and there Find the said Cashia Chitty Andeapah in waiting who being Called 
for and Interrogated by the said Richard Benyon Esq 1- , in Presence of your 
Orator Concerning the Receipt of the said Pagodas Two thousand, He the said 
Cashia Chitty Andeapah did then Deny he had Ever received any such Sum of 
Money as aforesaid from the hands of your Orators said Servant Mugganah 
But by a Strange fitch [sic] as unaccountable as it was untrue, he the said 
Cashia Chitty Andeapah did then and there Intimate as if your Orator had 
told him that the Sum of Pagodas Two thousand was lent by your Orator to his 
Gomaster at Vizagapatam although there Cannot be the least Colour or ground 
for his so saying Nor can the said Cashia Chitty Andeapah produce anyautho- 
rity or advice by Letter or otherwise from your Orator or his Gomaster at 
Vizagapatam to Support the Truth of what he so says anymore than your Ora- 
tor Can produce a Receipt for the Money so Lent as he is pleased to Call it to 
his Gomaster For it is well known had this Money as Aforesaid been Lent to 

1745—41 



XXX1Y 



Records of Fort St. George 



the Gomaster your Orator would not have failed to have taken a Receipt for 
the Same as your Orator has been always known to do in Matters of much less 
Consequence than the Matter now before this honourable Court. 

But now so it is may it please this honourable Court, That your Orator 
finding no Redress in the Matter of his Complaint although he has often applyed 
himself in the Most friendly manner to the said Cashia Chitty Andeapah "for 
Payment of the said Sum of Pagodas two thousand who instead of paying the 
said Sum as he has often Promised so to do bids now open Defiance to your Orator 
and tells your Orator to Seek his Remedy where your Orator Can find it. 

To the End therefore That the said Cashia Chitty Andeapah may upon his 
Corporal Oath true and perfect answer make to all and every the Matters afore- 
said as fully truely and Effectually to all Intents and purposes as if the same 
were here again Repeated and Interrogated and that he the said Cashia Chitty 
Andeapah may Particularly Set forth and say if he did not receive the said 
Sum of Two thousand Pag s . from your Orators Servant by Name Mugganah 
with Orders to pay the Same to his Master Richard Benyon Esq r . and That he 
the said Cashia Chitty Andeapah May set forth and Say why he did not pay 
the said Money to his Master the said Richard Benyon Esq 1 ', with his Reasons 
for Detaining the said Money from your Orator against all Law Justice and 
Equity and that he be Decreed to pay your Orator the said Sum of Two thousand 
Pagodas with such Interest as is or may become due thereon from the time the 
same ought to have been paid and that your Orator may have such farther and 
other releif in the premisses as Shall be Agreeable to Equity and good Con- 
science. 



Sworn before me this 18 th . 
of Decer. A.D. 1739 
S. Harrison Mayor 
Decer. 18, 1739. 



day 



John Russell, 
Attorney for the Complainant. 



The answer of Cassava Chitty Addeapah of 
Fort S*. George Merchant Defendant to the 
Bill of Complaint of John Sanderson of 
said place Merchant Complainant. 



This Defendant Saving to himself all Benefit of Exception to the Errors 
and Imperfect s . in the said bill contained for answer thereunto or to so much 
thereof as this Defendant is advis'd Materially Concerneth him to make answer 
unto, He this Defendant answereth and Saith, that he doth absolutely deny, that 
he ever did receive from the hands of Muggana or any other person by order or 
in behalf of the Plaintiff the Sum of Two Thousand Pagodas, or any other Sum 
to be by him paid to the Honourable Richard Benyon Esq 1 ", for account of the 
said Plaintiff and this Defendant Saith, that he is informed and can prove 
that the Plaintiff had no Occasion to pay the said Richard Benyon Esq r . at the 
time Set forth in the Plaintiff's bill the Sum of Two thousand Pagodas on 
account of dealings between them, nor could there be any reason for depositing 
the Same in this Defendants hands, had the said Sum been paid on Such 
Accounts nor is it possible this Defendant could have detained Such Sum if 
paid on account of dealings in Trade Since the accounts between them Must 
have shown that he had so done and the Plaintiff though silent in his Bill of 
Complaint as to the occasion for which he pretends the said Sum was paid, 
yet having made it the Subject of his common conversation so that there is no 
Person in Madras who has not heard thereof and least his the Plaintiffs con- 
fident talking should induce any body to beleive the Fact to be as he pretends 
this Defendant does think himself at Liberty and obliged to set forth certain 



Pleadings in the Mayor's Court, 1745 xxxv 

facts and circumstances, by which it will appear the said Plaintiff had no 
Occasion to pay the said Sum of Two thousand Pagodas or any other Sum to 
the said Richard Benyon Esq 1 . 

This Defendant therefore further answering Saith, That on the 13 th . 
November last past the Plaintiff being with the Governour this Defendant was 
called in & charged with having received the Sum of Two thousand Pagodas 
for the Governour from the Plaintiffs man Muggana when the said Plaintiff was 
last in Madras, which this Defendant absolutely deny'd, but acknowledged that 
the Plaintiff since his return to this Place had told him he had advanced his 
Gomastahs at Vizagapatam to that amount and demanded payment of it, that 
this Defendant having sent down Ten Thousand Rupees to them was Surprized 
at such a demand, but told the Plaintiff in answer, if the said Plaintiff had 
any receipt for the same he would pay it, or if not, when the Defts. Gomastahs 
advised the Receipt thereof he would pay it without Such Receipt, and this 
Defendant absolutely denies, that he ever did acknowledge the receipt of the 
Sum of Two Thousand Pagodas from the said Plaintiff either by himself or 
his Gomastahs further than by such promise of repayment in case such receipt 
Should be produced or such advice come as above Set forth This Defendant 
acknowledges that the Plaintiff did apply to him for payment of that Money 
but doth absolutely deny he ever understood any other Money to be meant than 
what the Plaintiff pretended was advanced to his Gomastahs and indeed this 
Defendant could not possibly understand any other Since he never did receive 
any other Money from him this reply of this Defendants the Plaintiffs calls a 
strange fetch as unaccountable as untrue but this Defendant Sets forth that is 
no ways unaccountable That if his Gomastahs had been in want of Money, he 
should have applied to the Plaintiff who was then Chief of Vizagapatam Since 
he had often before done it, and this Defendant had paid three hundred and odd 
Pagodas at one time and Eight hundred thirty three Rupees at another time 
for Money advanced by the Plaintiff, to this Defendants Gomastahs, it is there- 
fore no ways unprobable this Defend ts . Gomastahs Might taken [sic] up Money 
of the Plaintiff a third time Since they had done it often before. 

This Defendant further answering Saith, That on his denying (when exa- 
mined by the Governour on the 13 Novem r . last) the Receipt of the said Two 
thousand Pagodas the Plaintiff asserting it again asked this Defenda ts . if he 
had not applyed to this Defendant and promised to give this Defendant Two 
thousand Pagodas if he would perswade the Governour To let him go down 
again to Vizagapatam to settle his affairs there and bring up his Family, and 
if this Defendant did not Answer thereto that the Governours mind was vexed 
at the badness of the Cloth and the Complts. of the Merchants from thence, but 
that if he the Plaintiff would get the Money ready this Defend*, would let him 
the Plaintiff know when it was a proper time to send it. To which Questions 
this Defendant did then and does now again answer in the Negative. But this 
Defendant remembers the Governour did ask the Plaintiff on his putting these 
Questions to this Deft, whether he had not before said the said Two Thousand 
Pagodas were for him and not for this Defendant and Since it was in order to 
go down again to Vizagapatam which he did do whether (he the Plaintiff having 
obtained what he gave the Money for) the said Money did not belong to him to 
which the Plaintiff reply 'd, that the Money was for the Governour but that his 
turned out Cloth was to be taken in as well as he permitted to go to Vizagapatam 
again, the words this Defendant cannot particuly. Set forth but the purport of 
them is as above recited 

and this Defendant further answering Saith that some time in the Month 
of January 1735/6 the Plaintiffs Servant Muggana came to this Defendant 
with a Letter from the Plaintiff dated 19 Dece r . 1735. the original of which tin's 
Defend*, has now to produce, and the Copv is as follows 

1745—42 



X XX Y1 



Records of Fort St. George 



*o. 1. 



To Cassem Chitty Adeapa. 

I have Sent my Servant Mugga to you who will inform you the great mis- 
fortune that attends me here for want of a Choice of able People to contract 
with, besides the Prices I allowed last year in proportion to the Deduction made 
is so great that I am informed by Several People that the Merchants were 
actually Loosers by the Cloth, and still there is a large Debt stands, out by 
Lengans Set of Merchants one of which has proved a Bankrupt and he owes 
half of the Debt among them for his share. 

You will find by what Mugga will deliver to you I have made the same 
Compliment for the Governour, I ever did for his Predecessors, which I do 
with a great deal of good will, but can less afford it of any time since M r . Macrae 
left Madrass. 

You may depend upon my readiness to Serve you on all Occasions. 

VlZAGAPATAM, I am 

the 19 Dec*. 1735. Your assured Friend, 

John Sanderson. 

and the said Muggana told this Defendant that he had brought with him 
one Thousand Pagodas which the Plaintiff designed as a present to the Gover- 
nour and this Defendant hav§. appointed the said Muggana to meet him at the 
Fort he the said Defendant did carry the said Muggana into a room next the 
dining room and this Defendant leaving the said Muggana there went into the 
Governour "s writing room, and showed him the Letter, & with all told him 
what the said Muggana had bro*., and the said Governour having read the said 
Letter, did after some little time bid this Defendant bring the said Muggana 
in with the Money which this Deft, accordingly did, and the said Muggana 
having laid the Money down upon a Table before the Governour this Defendant 
& Mugganah withdrew, and this Defendant did not see what the Governour 
did with the Money, or know then what he intended concerning the Same, but 
this Defendant is Since informed and can prove that the 7°. February 1735/6 
he the said Governour did write a Letter to the said Plaintiff Copy of which is 
as follows. 

Sir 
w°. 2 I have seen the Letter which you wrote to Adiapa and I am very sorry to 

observe by it that you were upon such hard terms whilst you were at Ingeram 
when at the same time I have very good reason to beleive both your Neighbours 
at Vizagapatam & Maddepollam, set rent free. But however that be I 
am sure neither the Companys affairs or your own can be carry'd on 
in the Manner they ought to be, if what you offer upon the present 
occasion is Established as a Constant practice yet that you might not be 
deceived in what has passed here, what your Dubash bro*. I have thought 
fit to take into my Possession, and desire you will send an order to M r . Morse 
to receive it of my He need not be acquainted upon what Account it is, neither 
js it proper that Notions of this Sort should be publick or propageted for fear 
of the evil Consequence that Such a way of thinking may be attended with. 

As you know now upon what Terms you are upon with me, I must recom- 
mend it to you that you are indistrious & Vigilant in promoting the Investm*. , 
you will want no reasonable encouragement from hence, but we cannot answer 
to give such extraordinary Prices for bad Cloth when we ought to have given 
less for that which is good, but I write you apart, and in the General more fully 
about your Investment, & this is Sufficient here 

February 7°. 1735/6. I am 

Sir 

Your assured Friend 

Kich d . Benyon 



Pleadings in the Mayor s Court, 1745 xxxvii 

and this Defendant further Sets forth & Saith that the 5 March 1735/6 No. 3 
he the said Pltff. acknowledged the receipt of the said Letter of the 7 th . Febru- 
ary 1735/6 and in his said Letter of the 5°. March makes use of these words I 
have your Hon rs . pardon to ask in offering to do a thing so contrary to what 
you seem to Expect if it is your honours pleasure of returning that which my 
Servant delivered if you please of sending " it by some Vessell to me as it will 
be less publick " The 5 th . June 1736 the Plaintiff writing again to the Gover- 
nour Says " the Small Chest Cap*. Hepburn broV came out right according 
to the Mark of the Bag " The 24°. July 1736 the Plaintiff writing again to the 
Governour has these words Possible your Honour would take it amiss if I did 
not inform you but the Pagodas I sent your honour was " a Sealed bag of 
new Madras Pagodas, and it is reasonable to be Supposed may have been paid 
away in the room of other ". 

And this Defendant further Sets forth that the Plaintiff arrived from Viza- 
gapatam the 19 Janry. 1737/8 when he brought up a considerable Quantity of 
Cloth which was unfitt for the Comp as . use, and that the Plaintiff did apply to 
this Defendant to ask the Governour if he did want that Cloth for some of his 
Voyages which this Defendant accordingly did, and received for answer that 
the Governour resolved not to have any thing to do with it, tho' this Defendant 
is informed and can prove that the Plaintiff had offer 'd to let the Governour 
have his Cloth for Two thousand Pagodas less than it cost the Plaintiff, or in 
other words to Accept of Two thousand Pagodas from him. The Plaintiff made 
a Second attempt in the following manner. The Plaintiff having disbursed 
certain Sums of Money for Account of the Governour, Carry' d to the Governour 
an account Current for ball ce . whereof there would have been due to the Plaintiff 
upwards of Two Thousand five hundred Pagodas, but entered therein an article 
on the Credit side in the following words By Cash received Pag s . 2000 or to 
that effect, on peruseing the said account Current, the Governour calling for 
his Cash keeper in order to pay the said Two thousand Pagodas, the Plaintiff 
Stopped him telling him he desired him to accept of it, upon which the said 
Governour asked the said Plaintiff how he could make " him any such offer, 
or imagine he had any such Expectations after what had passed between them 
about y e . Thousand Pagodas or said the said Governour to the Plaintiff do you 
think I refused that because it was not enough " Some other discourse passed 
between the said Governour and the Plaintiff at that time which this Defendant 
cannot particularly Set forth but beleives that the said Governour did tell the 
Plaintiff that he the said Plaintiff had no Reason to doubt of his the said Gover- 
nour' s friendship and did assure the said Plaintiff that he would Continue his 
Friendship, and would do him all the Service in his power, without any Expecta- 
tion or Consideration of the Sort which the Plaintiff had offered; or to that 
effect, and therefore desired the Plaintiff to put his account on his Pocket again, 
which the Plaintiff accordingly did and this Defendant beleives that what 
account was then depending between the said Governour and the Plaintiff was 
afterwards made up and the ballance being Two Thousand five hundred and 
odd Pagodas, was realy and actually paid to the Plaintiff the 8 March 1737/8 
without any deduction whatever. 

Now this Defendant refers it to the Consideration of this Honourable 
Court, whether there is any probability, that after the Governour had refused 
to purchase the turned out Cloth for Two Thousand Pagodas less than it Cost 
the Plaintiff & had afterwards refused the same Sum when offered in such a 
manner that nobody but himself and the Pit. could possibly be acquainted with 
the affair, he would receive it in the manner Set forth by the Plaintiff when 
two more Persons at the least must be in the Secrett and whether it is Probable 
the Plaintiff should send the money in the manner Set forth in his Bill: after 
the said Governour had so plainly intimated to the Plaintiff that he did not 
think the blacks were to be trusted in Such an affair and given that as a reason 
to the Pit. in his Letter of the 7°. February 1735/6 why he had taken into his 
Possession the Bag of one Thousand Pag s . brought by the 



SXZ1X 





INDEX 










PAGE 




PAGB 


A 




A — cont. 






Abraham, Coja 


59, 66, 67, 69 


Aundiapah 






96, 97 


Acharapen 


187, 195, 197 


Aundy 






25, 26 


Adm 1 . Vernon 


121, 122, 123 


Ava 






23 


Ajee JafFer 


59 


B 








Algrea 


28 








Allvaaintookore 


74, 77, 78, 84 


Baboozon, Coja 






84, 85 


Amain Saib 


250 


Balaba Avechull . . 




xvi, 


xvii, xxi 


Amarapathe 


212 


Balasore 






xix 


Ambala Tada Cbitty. 


88 


Ball Chitty 


26, 27. 


239 


240, 241, 


Amerasiver Nunojee. 


xvi, xvii, xxi 




243, 


244 


245, 246, 


Ananda 


28, 31 






247, 


Anantiah, Coore- 




Ball Gruah, Gopah 








pattee 


159, 160, 161, 163 


Chitty [Gruapah 








Ancanah 


5, 6 


Chitty] 






211, 212 


Ancona [Ancona, 




Ballsadir Verasiver. 




xvi, 


xvii, xxi 


Doulapilla] 


225-229, 231-233, 


Banker 






240 




235-238 


Banudat Cherban . . 




xvi, 


xvii, xxi 


Angara Chitty 


32 


Bassa Sanly 






79, 80, 81 


Angria 


175 


Bassava Chittee, 








Aniah, Copolee 


240 


Colah 






48, 49 


Ankoo, Coochele- 




Battee Mahantee . . 






227 


contee 


229 


Baucker 






247, 248 


Annamontu, Alladu. 


47 


Baumiah, Pontnalah. 






234 


Annapah 


194 


Baushacaur 






215, 217 


Annapen 


193, 196, 197, 198, 


Beaufort 






119 




202 


Bengal 






84, iv 


Antona [Antunnah]. 


225, 228, 229, 230, 


Benjamin 






123 




231, 232, 233, 235, 


Benyon, Richard . . 


10, 11 


, 14 


19, 101, 




236, 237, 238 




102, 


175, 


177, 178, 


Archinde8poram 


xix 




xvi, 


xis 


, xxxiii, 


Arcot 


90, 91, 92 




xxxiv, 


XXXV, 


Argureemy 


74 








xxxvi 


Armagon [Armagum, 




Bernaud, Padre 


190, 193, 


194, 201, 


Armagom] 


21, 25, 26, 27, 32, 








202 




152, 153 


Berry, Cap*. 






119 


Armasses, Alliflercos 


77 


Blake, Cap*. John . . 






119 


Arnachellum 


218, 220 


Boma Conen 






215 


Arnachelum Chitty. 


22, 24, 25, 26, 27, 34, 
203, 204 


Bomadar Coberjee . . 
Bookangee Cossee 




xvi, 


xvii, xxi 


Arralapen 


185, 186 


Doss 






19, 88 


Arrieri 


80 


Booky, Cap*. Mat- 








Arvicheladoss Vitala- 




thew 






123 


doss 


xvi, xvii, xxi 


Bootle, Cap f . Matt w , 






119 


Athanas, Coja 


76 


Bosshacorra Chitty. 






i 


Aucka Labbee 


141, 142, 143 


Bosswa Lingum 






240 


Audeapa 


171, 174 


Botell, Simon 






98 


Audeapah, [Adde- 




Brown, Cap*. Tho s . 






119 


apah Andeapah], 




Bussanah 






60 


Cashia [Cashuah] 




Butchena, Doula- 








Chitty 


2-5, 7, 8, 10-13, 


pilla 






227 




16-19, 87, 88, 209, 


Butchenah, Didde . . 


37, 38 


, 39 


40, 42, 




210, xxxiii, xxxiv, 






43, 46, 48 




xxxvi 










Aunantapah [Anan- 




C 








tuppah] 


240, 247, 248 


Cahware [Casware] 








Aunda Chitty, 




Pankah [paupah] 








Poindemilla 


163 


Welley 






37. 41 


Aundapah Chitty . . 


146 


Calcutta 


74, 


75, 76, 77. 84 


Aunde Chitty 


i 


Calliditian .. 






223 


1745— 4^ 













INDEX 



PAGE 



PAGE 



C — cont. 



C — cont. 



Callingapatam 




230 


Chinnanah 


xii. 


xiv 


Calvineer, James . . 




199, 200 


Chinnapiah [Chinna 






Cambalinga Chitty ... 




86, 87 


Paya] 


10, r 


r, 18 


Canacapa Chitty . . 




101 


Chinnatomby, Mun- 






Canavarum 




25, 26, 28, 31 


nella 




88 


Candapa [Condapah] 




27, 32, 34 


Chinna Tombe 






Carripiett, Rev d . . . 




69, 70 


Woodundee see 






Casamajor [Casamai- 






Woodundee, 






jor], Noah 


36, 3^ 


', 48, 49, 73, 


Chinna Tombe . . 








80-i 


34, 86-88, 90, 


Chinno [Chinne] . . 


238, 239, 240, 


241 




98, 


100, 107, 109, 


Chintadree . . ... 




148 




137. 
153, 
167 


, 138, 147, 148, 

154, 156, 166, 

, 180, 182-186, 


Chintomby 
Chittabu Jee Anna- 




147 




202, 


, 204, 205, 207, 


chor 


xvi, xvii, 


xxi 




2()9, 


911 9.T9 


Chittegon 




222 




223-225. 238. 249. 


Chittereapah [Chit- 








250. 


— j — — . — » 

, ii, xxi, xxiii, 


tereapen] 


48, 49, 209, 


210 






xxxi, xxxiii 


Chittumbala Chitty. 


141, 142, 


143 


Casavah, Raula 




104 


Chittumbelum 


215, 216, 


217 


Cashiah Chitty Ande- 






Ckitture Juggo see 






apah see Aude- 






Juggoo, Chitture. 






apah, Cashiah 






Choalia 




viii 


Chitty 






Chomdeapen 




xiii 


Cassure Vencatasha 






Choureapah Moode- 






see Vencatasha, 






lare 


200, 


202 


Cassure 






Choureapan, Naga- 






Catchella 


110, 112, 117, 119, 


patam 




202 




120, 


126, 128, 129, 


Choureapen [Chopu- 








133, 


134, 135, 136, 


rapan] 


186-191, 193- 


195, 






137 




199- 


-202 


de Cauchick, Coja 






Chovery Mootu .. 


187, 193, 195, 


198 


Pogose 


49-52 


, 56, 59, 60, 


Chresoscholow, Slav- 








62,1 


53, 65, 68-70, 
72, 73 


rars 
Chundatree Moode- 




77 


Caumatchey 




iii 


lare 




191 


Caum Chitty, 






Coja Abraham see 






Dossaree . . 




229, 231, 232 


Abraham, Coja . . 






Caume Chitty 




212 


Coja Athanas see 






Cautteapah 




215, 216 


Athanes, Coja . . 






Ceylon 




146, 147 


Coja Athanas Savea- 






Chaddiah Chitty 






joghie see Savea- 






[Shadiah Chitty], 






joghie, Coja Atha- 






Davellacon Petty. 




163, 164, 166 


nas 






Chande Woodundee 






Coja Baboozon see 






see Woodundee, 






Baboozon, Coja ... 






Chande 






Coja De Amendoss 






Chandrapa 




29 


see De Amendoss, 






Chandrean 


238, 239 2+0 241, 


Coja 








242, 


, 243, 244, 245, 
247, 249, 250 


Coja Joannes see 
Joannes, Coja 






Changallee ... 




131, 133 


Coja Kerreake Nicco- 






Changelriah 




232, 234, 235 


low see Kerreake 






Chaundeapa [Chaun- 






Niccolow, Coja . . 

j~-i ■ >r 11 ii r 11 






deapen] Moodelare. 


187, ] 


190, 191, 195, 
196 


Coja Mall see Mall, 
Coja 






Chidde Saib 




152 


Coja Narzar [Nazar] 






Chinatomby, Mon- 






see Narzar [Nazar], 






nelly 




173, 210 


Coja 






Chinna Battan 




xxii 


Coja Ovan [Ovanes] 






ChinnaMoota Chitty 




158, 159, 162 


John see Ovan 






Chinnamuntue, 






[Ovanes] Coja, 






Alladu . . _ 




46 


John . . . . 







INDEX 



xii 



PAGE 



C — cont. 

Coja Sultan David 

see Sultan Coja, 

David 
Colacarran, Cheoga- 

paucam 
Colee 

Collandee Ohitty 
Collandiapah Mooda- 

lare 
Collapan Charree 



Collaty 
Gunja 
Collity 

Collity Chitty 
Colundiche ... 



Chitty, 



Goomare 



Comache 

Chitty 
Commadayo 
Comorah, 

pooinda. . . 
Comrapah, Mylapore 

[Mile Comorapa 

moodalare] 



Comrapa, Treman- 

galum Treven- 

galuin 

Comrapah Chitty, Atta- 
puttee 



Conaca Subbamudalare 
Conasava Chitty 
Condavoo Ball 
Conde Tope 



Condopah Moodlare 
Conneca 



Connecapah 



190, 191 
10, 18 

224 



XH, xih, XIV 
167 



Moota 



102, 103 

106 

163, 222 

186, 187, 190, 191, 

193, 194, 195, 199, 

200, 201, 202 

154, 155, 156 
10, 16, 17. 

240. 



87, 88, 89, 90, ii, 

vi.vii, ix, x, xii, 

xiv, xv. 

69, 72. 205. 

49, 86, 87, 137, 

153, 209, 210, 

213, xxiii. 

xii, xiii. 

96. 

x, xi. 

xxiii, xxiv, xxvi, 

xxvii, xxviii 

xx ix. 

23. 

227, 228. 

43, 66, 67, 68, 70, 
96, 103, 104, 
105, 131, 



136, 

146, 151, 

161, 172, 

195, 199, 



134, 

141, 145, 

160, 



177, 

20), 



Consara [Consava] 

Chitty 
Constanteno del, padre 

Attanass ... 
Constantinople 
Cooke, Thos 
Coopalla Moodelare . . 
Coopanah, Jelgodoo . . 
Corah Petta 
Coursey Namby 
Crawford, Mrs. Ann . . 



201, 216, 218, 

221, 233, 235, 

236, 247, x, xii, 

xxviii. 

97. 

75. 

74, 76, 77, 81, 84. 

105, 213. 

161. 

104, 105. 

211. 

227. 

184, 185. 



C — cont. 

Cristo, Mr. 

Crompton, John 

Cullallah Rangiah see 
Rangiah, Cullallah. 

Cullevala Padmana- 
bundoo see Padma- 
nabundoo, Cullevala. 



PAGE 

78. 
19. 



Cundapa Moodelare . . 


162. 


Cundapah Chitty 


203, 204, 221, 222. 


D 




Dashapani 


148, 149, 150,151, 




152, 153. 


Dassapah 


221, 222. 


De Aga Manoel Joan- 




nes . . 


60, 61. 


De Almeida de Amaral, 




Joam, 


91. 


De Amendoss Coja 


75. 


De Britto, Sebastian 




Teixeera 


91. 


De Canaan, Coja Avic- 




teek 


73. 


De Cannahan,Avetick. 


62. 


De Coja, Maul, Joannes. 


62. 


De Costa ; Demetrius . . 


76. 


D Cunha D Essa, 




Joseph 


180, 181, 182, 183. 


De Gregorio, Michael. 


62. 


De Ita, Jeronima 


69, 71, 180, 181, 




182, 183. 


De Saffras, Coja Gre- 




goria 


62, 67. 


De Ser Muckerrateach 




Ovannes 


65,66. 


De Silvia, John see 




Mugganah. 




De Souza Rodoallis, 




Manocla 


180, 181, 182, 183. 


De Sqr a . Peixota, 




Fr'co 


182. 


Demoda Mudanaser. 


xvi, xvii, xxi. 


Dencker, Peter 


108-111, 116-126, 




128, 130, 131, 




133, 134, 136, 




137. 


Deveil, Henry 


2, 4, 7, 8, 10, 11, 




21, 23, 33, 34, 




37, 41, 43, 46, 




50, 52, 59, 65, 




67, 68, 75, 79, 




85, 93, 95, 96, 




107, 109, 128. 




131, 134, 136, 




139-141, 145, 




146, 176, 178- 




180, 183, 184, 




187, 193, 195, 




199-201, 214- 




216, 218, 219, 




221, 224, 239, 




245, 247, ii, viii, 




x, xii, xix, 




xxxii. 



xlii 



C SDE X 



PAGE 



F — cont. 



PAGE 



D — cont. 



Fort St. George 



Devoroy Modelare 



Diaul Doss Sawmy 

Doss 
Didde Butchenah see 

Butchenah, Didde. . 

Didde Eyavare see 
Eyavare, Didde. 

Domingee 

Dontapillah Tumiah see 
Tumiah, Dontapil- 
lah. 

Dorsery 

Dumbleton, William . . 



186, 188, 189, 191, 
194, 195, 199. 

xv, xvi, xxi. 



191, 



Dundee Boree 

Dunnassary [Dan- 

nassery] 



XXXOl. 

36, 39, 43, 46, 48, 

88, 89, 91, 92, 

94, 96, 99, 101, 

102, 105, 111. 

130, 131, 

139-141, 

146, 148, 

151, 156, 

158, 159, 161, 

165, 167, 168, 

171, 174-176, 

184, 190, 194, 199- 

201, 205, 207, 209, 

213-215, 217, 219, 

221, 223, 230, 233, 

235, 236, 244, 247, 

vii, x, xii, xvi, xx, 

xxii, xxvi, xxviii. 

207, 208, 
xvi, xviii, xx. 



125. 
135, 
145, 
149, 



E 



Emaum Saub 






243. 


Empson, M. 






213. 


Enaum Cbitty ... 






243, 


England ... 






15, 18, xvi. 


Errapah . . 






215, 216. 


Ersapah [Ersapen], 






150, 151. 


Eterajee . . 


240, 


241, 242, 246. 


Europe 






4, 6, 7. 


Eyavare [Iyavaro], 








Didde ... 


38, 39, 


40, 


41, 42, 46, 


Eyre, Thomas 


169, 171, 


174, 178, 








179. 


Eyreapah [Irsapah] 






43, 45. 



Forbes, David ... 188, 189, 192, 195, 

196-199. 
Foresty, Theodo 
rous 76. 



5, 11, 13, 19, 20,31, 
32, 36, 41, 48, 52, 
55, 62, 82, 83, 89, 
92, 108, 110, 120- 
122, 124, 125, 128, 
130, 148, 153, 165, 
167, 178, 181, 184, 
195, 199, 207, 213, 
218, 221, 233, 242, 
247, 249, 250, v, 
xvi. xxi, xxxi. 
xxxii. 



Fowkes, Mr. 


105, 




Foxall, Sidney 


196. 




Francisco see Moo- 






taupernah 






G 




Ganaparmaul 




26. 


Gannaputtee 




212,213. 


Gardealah Venka- 






tardre see Venka- 






tardre, Gardealah. 






George, M r . 




81. 


Gilbert, Capt. Cha**. 




122. 


Giles, Robert 




8, 9. 


Githin, Joseph 


35,38 


,39,41,42, 44- 




47, 


49, 66-68, 70- 




73, 


85, 86, 88, 89, 




97, 


99, 103-106, 




131- 


-136, 138, 141- 




146, 


147, 149-152, 




160- 


-163, 172, 173, 




175, 


177-179, 186, 




187, 


190, 191, 193, 




195- 


■207, 209, 210, 




212, 


215-221, 228| 




229, 


231, 232, 234- 




237, 


239, 240, 247, 




248, 


i, xi, xii, xiii, 




xiv, 


xxii, xxiii, 




xxxii. 


Goddard, Holland. 




8. 


Golightly, Fenwick. 




184. 


Gonapilly Moode- 






lare 




104, 106. 


Gonga Chitty 




10, 14, 15. 


Gongavarum 




225, 227, 228. 


Gonjaver 




xvii, xviii. 


Gonsalves, Christina 




181,132, 


Gonsalves, Francisco 


180, 181, 18S U 


Gopah Chitty Ball 






Gruah see Ball 






Gruah, Gopah 






Chitty 






Gopaul Poncala . . 




100-107. 


Gopaul Govindah. 




247. 


Gopaul Naigue, 






Poncala 


xxiii 


, xxiv, xxv, xxvi, 




xxvii, xxviii, xxix. 






xxx, xxxi. 


Gorell Balla 




60. 


Gossam Labbee 




176, 178 179. 


Goulding, Mr. 




13. 









IHD E X 


xliii 








PAGE 




PAGE 


G- 


cont. 






J — cont. 


Gournadee 






10, 18 


Jelgodoo Coopanah 




Goverdun Ram 








see Coopanah, 




Chundum 




XV 


l, xvii, xxi 


Jelgodoo. 




Goverdundoss Jug- 








Jevendoss 


60 


gavadoss 




xvi, xvii, xxi 


Joana, Mrs. 


182 


Govinda Chitty . . 


168, 


169, 


170, 171, 


Joannes, Coja 


51 




172, 


173, 


174, 175, 


Johnson, W m , 


213 




176, 


178, 


179, 180. 


Jones, Geo : 


23 


Govindoo, Corpolee. 






240 


Juggoo, Chitture . . 


46, 47 


Grantnam 






122 






Great Britain 


20,36, w 


48, 84, 86, 


K 






89, < 


90, 99 


, 107, 138, 


Kannaca . 


xix 




139, 


147, 


148, 166, 


Kellady Chitty 


xxii 




184, 


204, 


209, 213, 


Kellava Chitty 


163, 164 






223, 


224, xxii 


Kerreake Niccolow, 










xxxii 


Coja 


75, 76 


Greemorty. . 






32 


King William 


119 


Greenhaugh, Sam- 








Kircake [Kireake], 




uel 






238, 247 


Cagik 


74, 76-81, 83-4 


de Gregoriaga, Coja 








Kirichy 


80,81 


Peters 






61 


Kisnadoss Gover- 




Gruanathen 






34 


dundoss 


xvi, xvii, xxi, 


Gruapah Naigue, 








Kisnah, Velloor 


159 


Quotumbauk . . 


99, 

208. 


166, 


167, 207, 


Kisnah, Vootalure . . 
Kisnamah [Kistno- 


160 


Gunnapatee 


204, 


205, 


215, 216, 


ma], Mullinga 


ii, vi, vii, ix, x, xii 




217, 


218, 


219, 221, 




xiv, xv 




222. 






Kistna, Comaty 


157, 158 


Guzaratt 


H 




41, 42 


Kistna, Poncala 


40, 41, 101, 103, 104, 
107, xxiii, xxiv, xxv, 










xxvi, xxvii, xxviii^ 


Hale, Capt. Roger. 






122 




xxix, xxx, xxxi 


Halifax 






119 


Kistnama ... 


43, 45 


Hallooboy [Alleboy]. 


117, 


123, 


125, 126, 


Kistnen 


9£ 




129 


136. 




Kristo, Mr. 


81 


Harrison, S. 






xxxiv 


L 




Hepburn, Capt. . . 
Hodjee Abdull 
Hoddee 


XV, 


xvii, 


13, xxxvii 
xviii, xix, 


Latchema Narrain . . 
Latchemah, Colah 


24a 




XX 


xxi. 




[Colare] 


38-47 


Holcomb, Humpry. 
Houghton 

Hudson, Capt Char- 
les 






14 

122 


Latchmama 
Latchmana, Goalta. 
Latchmia [Latchima], 


xxxi, xxxii 

207, 208 

xxiii, xxv, xxvi, 






119, 


Goltee [Goah> 


xxvii, xxviii, xxx, 


Hyeronimo, Mon- 










XXXI 


teiro 


90. 91 


92, 95, 96 


Laurence, M r . 


110 




I 

69,7 






Lematue, M r . 


149 


India 


2,73, 


77. 81 xix 


Linga Chitty 


209 


Ingeram 
Irishapah 
Irsapa 
Irsapah Chitty 




7 J ' y — 

13, 16, xxxvi 

148, 150, 151 

110 

203 


Lingama 
Lingamah, Sanca 
Lingan 
Lingapa 
London 

Lourenso V. Buijten- 
dijck. 


167 
231 

12 
225, 228 


Irsapen, Boodure. . 
Iya [Aya] Thombee 






xxxii 


119 


Moodeleare [Moo- 








91 


teapah] 


ii, vi 
xiv, 


, vii, 

XV. 


ix, x, xii, 


Lowden, Mr. 

Lowe, Capt. Benja- 


14 










min 


122,123 




J 






Lynn 


122 


Jacojan, Alexan- 












der 






69, 72 


M 




Janchi 






81 


Macao 


79 


tJangamiah 






43. 44 


Mackray [Macrae], 




Janny 






28, 29, 


James 


5, 6,12, xxvvi 



1745—44 



xliv 



INDEX 



I'AGE 

M — ccmt. 
Maddapollam ... 13, xxxvi 

Madras [Madraspat- 3-5, 7-9, 11, 12, 15- 
nam. 24, 33-38, 41, 42, 

44-49, 53, 55, 56, 
58, 60, 62, G3, 6b, 
67, 70-74, 77, 80, 
82, 84-91, 93-101, 
103, 104, 106-109, 
111, 131-163, 166 
-168, 172, 173, 
175-177, j 79, 180, 
182-187, 190, 93 
-213, 215-219, 
221-225, 227, 229 
-233, 235-238, 
243, 247-249, i, ii, 
vi, x, xii, xiv, xv, 
xvi, xvii, xviii, 
xix, xx, xxi, xxii, 
xxiii, xxviii, xsx, 
xxxi, xxxii, xxxiii, 
xxxiv, xxxv 

Mahamud, Coja .. 169, 171 

Mall, Coja ... 53, 56, 58, 60-62, 68 

-70 
Mallamoota ... 1 14 

Mallea . . . . 31, 32 

Manencarra .. 114 

Maniapah . . 223 

Manilla .. .. 50, 51, 53, 60,61, 

67, 71, 90, 91, 92, 
93, 94, 95, 98, iv 

Maria .... 26 

Marlborough . . 122 

Marshar amine .. 215 

Maury Chitty ... 146, 147 

Medeira, Lewis . . 97, 150 

MeerSaibe .. 241 
Meerdah .. 238,242,246 

Mendez, M r . . . 136 

Mertomiah [Meer 10, 15 
Tomiah]. 

Milapore ... 23 

Milon, Charlea ... 108-118, 121-126, 

128-137 
Milon, Mary .. 108-120,125, 126, 

128, 130-137 

Moakham «- 27 

Mocundee . . 246 

Molleapan .. 189,190,191,192 

Monson, William .. 107, 108, 2i 3 

Monteiro, Hyeronimo. 97, 98 

Moocawshen, Surra- 138 
varumbatu. 

Moocundaraien . . 88 

Moocundee . . 240, 242 

Moodu Kistnem . . 99 

Moodu Linga Naigue. xxii 

Moodu Moodalare .. 136, 148, 149,150, 

15i, 162, 153, xi, 
xii, xiii 



PAGE 

M — cont. 

Moodu [Moodu] 187, 190, 195, 196, 

Naigue. 246 

Moodu Rangapa 97 

Chitty. 

Moopalhngon . . 30 

Moorigopilla . . 86 

Moortee . . . . 240 

Moortie Naigue .-. 172 

Moota Ninah Chitty. 205, 206 

Mootapernopella, 190, 19 1 

Obadashia. 

Mootaupernah [Fran- 195, 196, 197, 198 

cisco]. 

Mooteapen, Vadamil- xiii, xiv 

la. 

Mootee Chitty . . 163 

Mootu Irsapen . . xxxii 

Morse, Mr. . . 13, xxxvi 

Mucho, Nichola [Nic- 74, 75, 76, 77, 78, 

colow] 80, 81, 82, 83, 84 

Mucker, Simon . . 74 

Muckertoom, Coja . . 57, 58, 60, 61, 84, 85 

156 

Muggana [Mugga] . . xxxiii, xxxiv, xxxv, 

xxxvi 

Muggana, John .. 1-19 

Munga .. .. 212 

Munnapaucum . . 143, 144 

Munna Permoll 102, 103, 104, 106 

Chitty . 
Munnella Chinnatom- 

by see Chinnatom- 

by, Munnella. 

Murzam de .Mucker- 49-56, 59, 60, 62, 

ton [Muckertoom], 65-68, 70, 73 

Coja. 

Muslipatam [Metchle- 2-4, 6, 7, 10, 14-18, 

patam]. 40-42, 46, 47, 49, 

50, 51, 53, 54, 56- 
59, 61, 71 
N 



Nadaraien 


240 


Naga Chitty 
Naganah, Rayalloo . . 
Nagapa Chitty 
Nagapatam 
Nagee Reddee 


25, 26 

236, 237 

27 

142 

207 


Nagoore [Negore] . . 
Nagra Doss Shamboo- 


146, 147, 227 


doss 


xvi, xvii, xviii, xix, 




xx, xxi 


Naiacum 


240 


Naindu 


175 


Naitu Nellam 


161 


Nalle Chitty 
Narlum Juggoo 
Narnee Chitty 
Narrain see Cashia 


30, 31 

19, 88 

215 


Chitty, Audeapah. 
Narraindoss 


29 


Narrapa, Cooragyla. . 
Narsu Tagjeveran . . 
Narzar [Nazar], Coja. 
Nazar Coja Mall 


225, 228, 231 

xvi, xvii, xxi 

57, 58, 61 

65,66 



INDEX 
PAGE 



N — cont 

Nella 

Nella Aundee 
Nella Chitty 
Nellacundah Chitty, 
Baunacurrah 



xlv 



PAGE 



Nellamoota 
Nellamootain 
Nellamootee Chitty. 
Nella Moota Pi 11a . . 
Nellamooteama 
Nellana Chitty 

Nellana Mastre's 

street 
Nellanah Moodelare. 

Nellapen 

Nellatomby 

Nellatomby Moode- 
lare 

Nero, Charles 

Nichols, Simons 

Nina 

Nina Chitty, Tum- 
mootah 

Ninapah 

Ninopilla 

Niny 

Normacoor Chitty, 
Sundavaurum 

Normacorra Vencata 
Chitty see Vencata 
Chitty, Norma- 
corra. 

Norraina Chitty, 

Mila 
Norrainapah 
Norris, Mr. 
Nottingham . . 
Numbe Pettumboo ... 
Numsevia, Nairo 

Tomby Chitty . . 
Nursoo [Colare Nar- 

sue] 
Nursoo Chitty, 

Pasheo Moorlee 

[Moortee] 



Oppiah 

Oppulla Razu, Mud- 

dagulla 
Oshern Doss 
Ovan [Ovanes], John 
Coja 
Oya Moodelare 



Padmanabundoo, 
- Cullevala 
Padra, Jonanas 
Padrue 



P—cont. 
2 8 Pandarum Chitty . . 
14? Pandiah Shancara 
161, 162, 163 Checunda 



138-147 



Panian 
138, 139. 140 141, p ar / ah) TingaIa 

,„. ,„,- „,„' i Paupa Braminy 

134,135,219,220 p^ Chitty 7 



xvi, xvn, xxi 

212-215, 2i8-221 
240 
234 

188, 189, 191, 216 Paupia m^ u \ *« 

214 915 Pau P iah ' ^avoopooja 228, 229, 231, 232 

205,' 206 Peddanaigue .. 87, 88, 172, 176, 17 7, 

169, 172, 178,' 179 - n "8 

222 Pe g u • • • • 20, 21, 22, 23, 24, 25, 

28, 33, iii 

99 Pelliapah [Polliapah] 69, 72, 73 



il, vi, vn, ix, x, xii, Pell y> Capt. 

xiv, xv Perah 

185,186 Percival, William .. 

141 Perea tomby 

Pereira, Estra Gre- 

191 goria 
8, 11, 33, 34 

74 

„ ' Pereira, Fransisco . . 

" 8 ' zy Peria Tomby Mooda- 

204 lare ' 

ii, iii, iv, v, vi-viii, Peria Woodandy . . 

x, xii, xiii, xiv Perianah 

138 Permallia, Choon- 
goondram. 



30 
138, 203, 204 



Permool [Per maul] . , 
Permool Moodelare. 



Perraseram 
Kistna. 



203,204 M °° du 

141, 142 

102 Perry [Peery], Thad- 
H9 deus Aga. 



119 

xv, xvi, xvii, xviii 

209, 210, 233 

205 

90, 91, 92,93, 94, 96, 

98 

90 

xii, xiii 

32 

89, 90, xi 

206 

217, 218, 233, 234, 

235, 236, 237 

101, 153, 199, 225, 

227, 228, 229, 230, 

231, 232, xxvi, 

xxvii 

85 

56, 60, 62 



38 



x, xi 



Persia . . . . 53, 59, 60, 61, 62 

121 
43, 45 

77 

122, 134 

98 

[Pigott], 20, 98, 23S, xv, xxi, 

xxxi 



Peter, Cap*. John 
xiii, xiv Pettumboo 

Phalcoa, Johnches 
40, 41, 46, 47 Phillips, M"». 

Piexto, Fransisco 

Pigut 

George, 
Pollapah Chitty 
Polliata Chitty 

viii Pombala Vellapah 
see Vellapah, Pom- 
228, 231 bala . 

41, 42 p om jee Corah Moota 

Nina Chitty. 
69-71 Ponala Bumiah 

Poncala Chitty 

Pon :ala Gopaul see 

Gopaul, Poncala. 
Poncala Kistna see 
41, 42 Kistna, Poncala. 

70 Poncapah [Ponneapa] 101, 102, 103, 104, 
191 Chitty. 105, 106, 107 



106 
173 



147, 148 

232 
100 



xlvi 




INDEX 










PAGE 






PAGE 


P- 


■cont. 




S 




Ponde Marka [Poin- 




225, 227, 228 


Sabelles Perew [Bas- 


71, 75, 76, 77, 78 


dy Madaka.] 






sava Sevolle Perro, 




81, 83, 84 


Pondicherry 


186, 


193, 194, 196, 


Bassau Savolle, 








197, 198, 201, 202 


Sauly Piro], 






Pooinde Gru Venka- 




212 


Sadasheven 




89 


ten. 






Sadualla Rangiah . . 




43 


Poovy 




29, 31 


Saiah Siwa Attama- 




xvi, xvii, xxi 


Pornamallie 




31 


rum. 






Powney, Henry 




116 


S*. Thome [Thoma]. 


29, 30, 31, 34, 97 r 


Pragasum Moodelare. 




200 




149 


, 151, 152, 238, 


Preasasum 




187 






244-& 


Prince oj Orange 




H9 


Samboo Jaggoo 




235 


Prince of Wales 




119 


Sanders, Capt. James. 




119 


Prince, Richard 


225, 228—232, 237 


Sanderson, John 


2,3,4 


;, 5, 7, s, 9, 10, 


Pullicatt 


3,6, 


7, 8, 9, 10, 17, 




11, 12, 15, 16, 17, 






18, iii 




18, 


19, xxxiii, 


Purpada Chitty 




101-107 






xxxiv, xxxvi 


Purshotum Vellapah. 




xvi, xvii, xxi 


Sasachilum Chitty, 




ia 


Putty Ragee 




239 


Trivitee. 






Pyrrhisude Chitty . . 




86 


Sattee Lingum [Tu- 






Q 

Quondapa Chitty . . 
Quondapen [Conda- 
pah]. 






mine Chitty Lin- 






187, 


212 

190, 195, 198, 

199 


guimj 
Saubariah [Sanba- 
riah] Gongoloo 
[Gongoola] 




225, 228, 231 
225, 228, 23 * 


R 






Saunders, Mr. 




234 


Raga Chitty 




141, 143, 144 


Saunders [Sanders], 






Raga Chitty Tagga- 


138, 


139, 140, 141, 


John 




xxiii 


pah. 


144, 145, 146, 147 


Savage, Jn°. 




181 


Raguain 




186 


Savea Joghie, Coja 






Raniah Chendrue . . 




103, 153 


Athanas 




75 


Ramah Kistna 




xxvii, xxviii 


Sawolle, Christos 




77 


Ramah, Sunca 




viii 


Sawolle, Georgeous . . 




ML" 


Ramah Syringa 




211 


Sea horse 




1 


Chitty. 






Sellomno [Sellemno, 






Ramajee Rangiah . . 




211, 212 


Telemia] 


74, 


75, 76, 79, 80 


Ramalingam 




25, 26, 28 


Serevapah, Mungala 






Ramangee 




212 


Poge 




240 


Ranianiah, Swornum. 




161, 163 


Servanah 




xxxi 


Ramdoss Cashidoss . . 




xvi, xvii, xxi 


Servanahpulla 




34 


Ramnapah, Goltee . . 




xxiii 


Severin, Revd. 






Rangapah Chitty, 




210 


Father 


74, 75 


, 77, 78, 81, 


Rangamar 










84, 187, 190 


Rangapa, Terangoo . . 




223 


Shadiah Chitty 




156, 159, 160 


Rangapah 




10, 17, 243 


Shaftsbury 




123 


Rangasoy, Colah . . 




37-42, 44, 45 


Shanca 




xvi, xvii, xxi 


Rangiah 




44 


Shemacurtee Auddee. 




x, xi, xii 


Rangiah, Cullellah . . 




38 


Sidden 




161, 162, 163 


Ranjee 




240, 242, 246 


Siden Raganaiachu 






Rasaka 




xxxi, xxxii 


[Sidem Radania- 






Raven ap ah 




212 


coloo] 




46, 47 


Ravenapah, Goalta. . 




xxvii, xxviii 


Simon, Coja 




28 


Ravenapah, Trupatee. 




240, 247, 248 


Singanah, Colah 




49" 


Rayalloo Naganah 






Siringee 


238— 24£ 247, .'-1,9, 


see Naganah, 










250 


Rayalloo. 






Sloper, Robert 


33, 34, 


53, P2, 65— 


Raymond, Cap*. 




1!9 




69, 


78, 86, 101, 


Chas. 








103, 


104, 106, 137, 


Reddy Ramah [Ra- 




x, xi 




150, 


153—157, 


mandoo]. 








159- 


-161, 170, 


Roche [Roache] 




xxxii 




172- 


-176, 181, 


Row, Anthen 




77 




184, 


185, 203, 206, 


Ruasell, John 


3,5, 


7, 8, 11, 21,22, 




208, 


211,216,226, 




24, 


33, 34. xvi, 




232, 


235, 236, i, 






xx iv. xxvii 




xx, xxv, xxvii 



INDEX 



xlvii 



S — cont 

Smith, Cap*. Thomas. 
Sorav anah Chitty , 

Wooteavacum . . 
Steerunga Chitty . . 
Stephens, Cap*. 

Tho* 

Stratton, John 



PAGE 



122 



101--103, 106 

212 



Strema Drungum. . . 
Stringfellow, Robert. 
Subbanah, [Subana] 

Gooda [Godapedda] 
Subia Verassadoss . . 
Subiah ... „ 

Subiah, Gundaved- 

dee 
Subramoney, [Alia- 

gapah] 



Subramony Watiare. 
Sultan David, Coja . . 
Summadrue 
Sunade Gruapah 
Sunca Lingamah see 
Lingamah, Sunca. 
Surchand 



119 

19, 41, 224, 225, 228, 

230—237 

41,42 

182 

38, 43, 45 
xvi, xvii, xxi 

224 

85 

21—28, 33—36, 133, 

105, 136, 150, 151, 

221, 222 

23 

69 

xiv 

xvi, xvii, xxi 



91 



Taercon 

Tagapah, Mauderal. . 

Tambeen 

Tammiah 

Tangamiah [Janga- 

miah] 
Tanjee [Taunjee] 

Chitty 
Tannapa [Tonapah]. 
Tannapah Ninah 

Chitty 
Teagapa 

Teagapa [Taggapah]. 
Tea^apah Chitty . . 
Teagapa Mastre 
Teagapah, Mungeral. 
Tedd, Capt. John . . 

Tellesinga .. .. 112, 

Tellesinga Chitty . . 
Theodore [Theodo- 

row], Athanasius 

[Athanasseas] 
Theodorow, Gsorge- 

ous 
Thomas, Mr. 
Thomas, Fr. Cap. 

M a P. 
Thomas, Padre 
Tilla Chicty . . 156- 

Timidy 

Tirvetty Moodelare. . 

Tomapulla ., 

1 745—45 



10, 16 

xxvii, xxviii 
32 

227 

131, 132 

141—144 
31, 33, 149 

186—161, 166 

28—31 

131, 133, 134 

36 

137, 13S 

207 

123 

120, 133—135, 

137, 223 

28 



77, 81 

77 
78 

182 

188, 191 

-161, 163, 164, 

166, 205 

240, 242 

104, 106 

186 



T— cont. 

Tombo Mootu Nina 
Chitty 

Tomby Chitty 

Tomby Collity 

Chitty 
Tomby Nina 
Tomiah, Gongabutta. 
Tommoota Nina 

Chitty 
Tondava Chitty, Poin- 

demilla 
Tonnapa 
Tornou 
Trecawmmie 
Tremaliapah Moode- 

ly 

Tremangalum Com- 
rapa see Comrapa, 
Tr emungalum . 

Trevenbalum Pan- 
daram 

Trevengada Moode- 
lare 

Trevengadum 

Trevengalam 

Trevengalama 

Trimaliah Naigue, 
Coddagum 

Trimila [Tremila, 

Trimrnalee] 

Tripoly Sattanee . . 

Trivallavoy 

Trivati Sashachelum. 

Trivitee 'Sasachilum 
Chitty see Sasachi- 
lum Chitty, Trivi- 
tee. 

Troutback, Sam 1 . . . 

Tullie, Timothy 

Tumiah, Dontapillah 
[Doulapilla, Doula- 
pillah] 

Tummootah Nina 
Chitty see Nina 
Chitty, Tummootah. 

Turky 

Tygeress 



PAGE 



138, 147, 148, 167 

26, 90—96, 98, 184, 

185, 209, 210, 224, 

225 

xxii 

131—133 

236 

86 

159—163 
65—67, 69, 73 

77 
32 

167 



89, 168, 169, 171- 
176, 178-180. 

34 

203, 204 

150, 152 

xxiv, xxv, xxix 

xxxii 

240, 241, 246 

168-171, 173-179 

11, 17, 18 

88 



110 
19 



U 



Vadjeral Vencatee 

Ramadue 
Vallaboo Naigue, 

Golaroo 
Vallaboo [Vallaboo] 

Chitty 
Vallaca Chitty Con- 

neca Subba Chitty. 
Vallena 

Vanadut Govindraro 
Vanatick 



225, 228, 238 



78 
121 



46 

xxxi, xxxii 

39, 41, 205, 206 

206 

31 

xvi, xvii, xxi 

69, 71 



xlviii 



INDEX 



PAGE 



V~cont. 



V — cont. 



PAGE 



Vancotapathe Nai- 




Vencataswamy 


169, 


171, 


173, 175 


gue, Maudera 










— 179 


Vassoll 


204, 205 


Vencatatia Pillai . . 


212 


1-219 


, 221, 222 


Varry Reddy, Ched- 
dala ... 


240 


Vencatopatty Nai- 








Veera Chitty 


224, xxii 


gue, Maudera 
Voiel 






1 


Veeragoo Mundala . . 


218, 219 








J. 


Veeragua Chitty, 
Collah . . ... 


203, 204 


Vencattaya, Vanca- 
poram 






107, 108 






Vencattee Puttee 








Veeraguah [Veera- 
gua], Nanacorra .„ 


149, 191 


fVencatapathe, 
Chellaputty Ven- 








Veeragua [Veraugo] 




cathy Puttee 








Chitty, Ragoor . . 


19, 88, xvi, xvii, 
xxi 


Modelare] 


20-24 


, 30, 


32, 35, 
36 
51 


Veeragua Chitty, 




Vencatzam 






Teverden 


206 


Venciah, Cuddalore . . 






87 


Veerapah [Veeranah], 












Manapilla 


236, 237 


Vendarazaloo [Veer- 








Veerapah, Timidy ... 


225, 227—229, 231, 


darazaloo] ... 






43, 44 




234—238 


Vengonah 






13> 


Veerapermaul 


176, 177, 199 


Vengonah, Mullinga. 






ii 


Veerapermaul Chitty. 


145 


Venianada Chitty — 






xxii 


Veeratall 


i 


Venkatardre, Garde- 








Vella Chitty 


103, 106, 145, 146 


alah 






37 


Vellana Cunnia 




Venkia [Venkatiah] 








Sheveramiah 


85 


Venkepoorum 






84, 85 


Vellapah Chitty 


101—107, 141, 144 


Venkoo, Dustore 








Vellapah, Pombala.. 


36 


Cootsala Cuntee . . 






231, 232 


Vellasha Chitty 


203, 204 


Verago Ball Moodoo. 




xvi, 


xvii, xxi 


Vencana 


32, 126 


Vicunda Vauteer . . 






89 


Vencata Chitty, 




Viriche Oomorapa 
Moodelare 








Vancapuram 


154—156 






88 


Vencatachelum 


i 


Virlaapen 






186 


Vencatachelum 
Vencatachelum, Co- 


205, 227 


Virthapen, Austraga. 






212 


perte 


104, 105 


Virthiah, Oragunda. . 






99 


Vencatachelum, Dor- 




Vishvanada Badriah. 






20 


sery 


212 


Vishvanada Tumiah. 




xxxi, xxxii 


Vencatachelum, Mile. 


240 


Visna Nad Shancar- 








Vencatachelum, Sun- 




jee 




xvi 


, xvii, xxi 


coo . . •- 


207 


Vittere Gontue Pau- 








Vencatachilum, Raw- 




piah 






46,47 


som . . . . 


99 


Vizagapatnam 


1, 2, 


4,8, 


9, 11-14, 


Vencata Chitty [Ven- 






16, 


225, : 


228, 229, 


catashen], Norma- 






231- 


— 23S 


!, xxxiii, 


corra 


86, 215 




XXXV, 


xxxvi, 


Vencatadry . . 


207, 208 




xxxvii. 




Vencata Kistna 


150, 152 


Vizeapah 






150, 151 


Vencatakistnama ... 


173 


Vokapa Moodelare .„ 






89 


Vencatasha, Cassure. 


10, 15, 16 










Vencatashen, Colu- 




DP 


' 






ree • • •■» 


228, 231 










Vencatashia 


114, 122 


Wager 






119 


Vencatashia, Colah... 


37, 38, 40, 42, 43, 


Walpole 






122, 123 




46,48 


Walton, Mrs. Ann ... 




32, 


150—153 


Tencatashia Moode- 




Way, Cap fc . Benja- 








lare .- — 


i 


min ... ... 






123 







INDEX 


•ylir 






PAGE 




PAGE 


W — cont. 




X 




Webster, Cap*. Ben- 






Y 




jamin 




121—123 


Yeagapah Moodelare. 


204 


Weston, W m . 




75—77 


Yeakambrum [Egum- 




Wilmington 




123 


brum 


131, 132 


Wilmott, James 




217, 218 


Yeakambrum Isva- 




Woodundeapen, Caw- 






rah's Pagoda 


105 


dapawcum 




148—153 


Yellapab 


161, 162 


Woodundee, Chande. 




186 


Yellapab, Cockada 




Woodundee, Chinna 






[Callaka] 


104, 106 


Tombe 




21-36, 175 


Yerrapa 


222 


Woodundee Moode- 






Young, William 


74, 76, 84 


leare ~ 


ii, VI, T: ■■■ 


z 








XU, XIV, XV 






Worth, Cap fc . Isaac . . 




L22 


Zandialla Gungadri- 





20